星期一 | 十月 02, 2006

FBI to Look at Foley's Actions

Republicans try to distance themselves from the disgraced former lawmaker, as Democrats seize on his GOP campaign ties.
By Noam N. Levey and Chuck Neubauer
Times Staff Writers

October 2, 2006

WASHINGTON — As pressure mounted on Republicans over their handling of the scandal involving former Rep. Mark Foley, the FBI said Sunday that it had begun a preliminary inquiry to determine whether the disgraced Florida lawmaker had violated federal law by sending sexually explicit instant messages to at least one teenager who had served as a congressional page.

The FBI's brief statement confirming the inquiry came shortly after House Speaker J. Dennis Hastert (R-Ill.) sent a letter to Atty. Gen. Alberto R. Gonzales asking the Justice Department to examine "Mr. Foley's conduct with current and former House pages to determine to what extent any of his actions violated federal law."

Hastert — who has been battling accusations that House Republicans inadequately handled concerns that Foley had sent inappropriate though not overtly sexual e-mails last year to another former page — also asked Florida Gov. Jeb Bush to see whether state laws had been broken.

But the Republicans' effort to distance the party from Foley may be complicated by his close ties with the party's campaign operation.

Foley's longtime chief of staff is now a senior aide to Rep. Thomas M. Reynolds (R-N.Y.), who as chairman of the National Republican Congressional Committee is leading the effort to maintain the GOP majority in the House. In addition, Foley's campaign committee gave $100,000 to the NRCC this summer, campaign finance records show.

Seizing on the campaign donation, which put Foley among the GOP committee's bigger donors, the Democratic National Committee stepped up its accusations that Reynolds and other Republican leaders were more interested in protecting Foley than investigating potential misconduct.

"Why did Republican congressional leaders choose not to ask the critical questions about the nature and full extent of Congressman Foley's criminal actions involving minors at the time they first learned about it?" Democratic Party Communications Director Karen Finney said Sunday.

Foley, a six-term Republican who was co-chair of the Congressional Missing and Exploited Children's Caucus, resigned his seat Friday after ABC News questioned him about the sexually explicit instant messages he reportedly sent three years ago.

House Republican leaders have been under pressure since then to explain what they knew about Foley's behavior and when they knew it. They acknowledged Saturday that they had known for some time of Foley's "over-friendly" e-mails, sent to a 16-year-old Louisiana boy, but said they had not known of the sexually explicit earlier messages before last week.

In the fall of 2005, the 16-year-old, who had finished a term as a page that year sponsored by Rep. Rodney Alexander (R-La.), complained to a staffer in Alexander's office after receiving a series of e-mails from Foley. In them, the congressman asked for a photo and talked to the teenager about another boy being "in great shape."

After hearing from the teen and his parents, Alexander's staffers discussed their concerns with their counterparts in Hastert's office. As a result, the House clerk and the congressman in charge of the House Page Board met with Foley, who told them that his relationship with the boy was that of a mentor. They instructed him to cease his contacts with the boy.

Earlier this year, Alexander also discussed the matter with Reynolds and with House Majority Leader John A. Boehner (R-Ohio). Reynolds has said that he discussed it with Hastert, though the House speaker has said he has no recollection of the conversation but has no reason to doubt Reynolds.

In his letter to Gonzales, released several hours after Senate Minority Leader Harry Reid (D-Nev.) had demanded a Justice Department investigation, Hastert said the House clerk and the head of the Page Board had believed their private meeting with Foley "resolved the situation."

But the revelation of the sexually explicit instant messages — sent, Hastert said, to "another former page or pages" — warranted criminal referral for two reasons: to determine whether Foley had violated federal laws on interstate communications, and to discover whether "there are persons who knew or had possession of these messages but did not report them to the appropriate authorities."

Given that the instant messages were sent in 2003, Hastert said, "I request that the scope of your investigation include any and all individuals who may have been aware of this matter — be they members of Congress, employees of the House of Representatives, or anyone outside the Congress."

Hastert's efforts did not quell the political storm gathering around the GOP, however.

House Minority Leader Nancy Pelosi (D-San Francisco) on Sunday called on GOP House leaders to explain their actions under oath before the House Ethics Committee.

The Democratic National Committee noted Sunday that Foley's contribution, which the NRCC reported receiving on Aug. 7, came after Reynolds had acknowledged having learned about the Louisiana page's complaint.

NRCC spokesman Carl Forti said the campaign donation had no impact on how Reynolds handled the matter, explaining that Reynolds told Hastert about the problem as soon as he learned about the e-mails.

"This is nothing more than pure politics at its worst," Forti said, dismissing the Democratic charge that Reynolds should have done more.

"Even to insinuate that is ridiculous."

Forti said Reynolds had not known about the explicit instant messages, in which Foley discussed sexual matters with at least one other former page.

But Reynolds did work closely with someone who knew Foley well.

Kirk Fordham, a veteran Republican legislative staffer who has worked on Capitol Hill for much of the last 17 years, served as Foley's chief of staff from 1995 to 2004. Fordham also managed Foley's first campaign for Congress, in 1994.

In 2005, Fordham went to work for DCI Group, a leading GOP political strategy group. The same year, he became Reynolds' chief of staff.

Fordham could not be reached for comment Sunday.

Forti said Sunday he did not know whether Reynolds and Fordham had discussed Foley after Reynolds was told of the page's complaint.

Client Faults WaMu Layout in Robbery

A man sues, claiming the new open interior made him a target for a bandit who took $20,805.
By E. Scott Reckard
Times Staff Writer

October 2, 2006

Washington Mutual Inc. says it moved tellers out from behind counters to encourage "friendly customer service in a welcoming retail environment," a design it proudly patented.

WaMu customer Jaime Quiroz Sanchez, a real estate agent and landlord from Lancaster, says the coffeehouse approach to banking got him robbed at knifepoint of $20,805.

As Sanchez explains it, he was mugged outside the Palmdale branch in April by a man who had seen his cash at one of WaMu's "teller towers," kiosks arranged in a circle where khaki-clad employees stand in close proximity to customers, without a teller window or glass barrier in sight.

More than a dozen people looked on as the teller took the money out of two small envelopes, holding $100 bills up one at a time for inspection, then walked away to confer with the branch manager.

"It seemed like an eternity to me," Sanchez recalled. "He left $20,000 sitting on that little podium. How many times have you looked at a pile of money like that? I looked to the right and the left, and everyone was looking at me. And I could tell the people weren't having good thoughts."

In a lawsuit filed in Los Angeles County Superior Court in August, Sanchez accused Washington Mutual of negligence and reckless misconduct. The Seattle-based savings and loan, the nation's largest, hasn't filed an answer to the suit, which seeks punitive damages and damages for emotional injuries in addition to the stolen sum.

"As a crime victim, he deserves our sympathy," said WaMu spokesman Timothy J. McGarry. But McGarry declined to discuss specifics of the case, citing the litigation.

In Sanchez's view, the staff at WaMu's Palmdale branch had every reason to accommodate him. Though his personal deposits were at other banks, he had about a dozen mortgages with WaMu on his personal and investment properties as well as credit lines secured by the real estate.

Sanchez said most employees knew him well because for several years he had visited the branch at least once a month to make mortgage payments and conduct other business.

He said the $20,805 in cash consisted of rental payments from his tenants and that he wanted to combine that money with his credit lines to obtain a $375,000 cashier's check to buy a small office building.

According to Sanchez, the teller conferred with the branch manager and then refused to accept the cash deposit on the grounds that his driver's license had expired. Instead, the teller suggested that Sanchez renew the license at a nearby Department of Motor Vehicles office and return afterward, he said.

Sanchez said he told the teller he didn't feel comfortable leaving the branch with all that cash. "He said, 'I'm sorry, there's nothing we can do,' " Sanchez said.

According to Sanchez, the bank's security cameras recorded images of the bandit inside the branch and then outside as he left. The man accosted him as he approached his car, Sanchez said, and after a brief struggle robbed him at knifepoint and fled on foot. No arrest has been made.

Robert K. Scott, the Irvine attorney who filed the suit for Sanchez, said the new design of WaMu's Palmdale branch was faulty. Customers with large amounts of cash should be able to conduct transactions in private, he said. The robbery also could have been prevented if the thrift had held the cash until Sanchez could return with a renewed license, he said.

"At the very least, they could have had the security guard walk him out to his car," Scott said.

Washington Mutual has been in the vanguard of an industry push to open customer-friendly branches designed more like a Starbucks or a casual retail store than an old-fashioned bank. In 2004, WaMu even obtained a patent for its design, called Occasio, which features a "concierge" to greet customers, the free-standing stations where they discuss transactions with tellers and large graphics with such words as "Retirement," "College Education" and "Financial Security."

Critics, including New York City Mayor Michael R. Bloomberg, have complained that the bank's new approach to customer service may encourage robberies.

But Washington Mutual says it has addressed that problem — tellers at its newfangled branches don't have cash that a robber could reach. When customers deposit money, it is put through a slot leading to a safe box. If they want money they are given a ticket, which they can use along with a code to obtain cash from a machine in the branch.

"Obviously, the safety of our customers and employees is a paramount concern," McGarry said in an e-mail. "Security concerns were part of the Occasio design process, and we think it's significant that these branches are associated with a lower incidence of crime than our traditional branches."

The design may improve security for WaMu, attorney Scott said, but it did the opposite for Sanchez.

Posted by johnson at 17:19:46 | Permanent Link | Comments (0) |

Take me to your leader

The UN’s leading members are considering candidates for a new secretary-general for the organisation. South Korea’s cautious foreign minister, Ban Ki-moon, remains the clear favourite

Reuters/AP
Reuters/AP

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BAN KI-MOON does not ruffle many feathers. South Korea’s foreign minister is the front-runner to be the UN’s eighth secretary-general, taking over when Kofi Annan bows out at the end of the year. He has succeeded, so far, largely by offending no one. In a recent speech at New York's Council on Foreign Relations he proclaimed himself a “harmoniser” and hit all the safest notes: terrorism is bad, women’s rights are good, UN reform is jolly important. His caution is paying off. He has now won three informal polls held by the 15 members of the Security Council.

The third straw poll took place on Thursday September 28th, and another will follow. Some speculate that other entrants may yet change the shape of the race. There are three months before the new man is supposed to take over. Before then, the General Assembly will be given the final—official—vote to endorse him. With time running short, Mr Ban seems well-placed.

The conventional wisdom is that a candidate who appeals both to China and to America is likely to win. But any of the five permanent members of the Security Council (France, Britain and Russia plus the other two) can issue a veto. In Thursday's poll, as in previous ones, members merely expressed encouragement, discouragement, or gave no opinion about each candidate. Mr Ban's tally dropped slightly: from 14 votes for and one against, he received on Thursday 13 encouragements, one against and one “no opinion”.

As the competition heats up, voting becomes more formal. At the next scheduled vote, on October 2nd, colour-coded ballots will be used: permanent members cast red ballot papers, the others use white ones. A candidate cannot win if a red no-vote is cast against him. The winner needs to get at least nine of the 15 votes. The momentum would only be shifting clearly against Mr Ban if one of the permanent five casts a red no-vote on Monday.

Britain wanted to hold off on vetoes on Thursday's poll so as to give two new candidates, who did not go through earlier rounds of balloting, the chance to promote themselves. One newcomer is Vaira Vike-Freiberga, Latvia’s president and the only woman in the race. But most countries think this is Asia’s turn to get the UN’s top job. China has hinted that it will veto any non-Asian, and Russia does not want a Latvian.

The other newcomer is Ashraf Ghani, who gave something of a campaign speech on September 27th in New York. The outspoken Mr Ghani was Afghanistan’s first post-Taliban finance minister and is an accomplished scholar. He says flatly that the UN’s management is “in crisis” and boasts that, having cleaned up Afghanistan’s wretched finances, he could handle UN reform. Such talk goes down well with Americans who want to see serious changes in the organisation’s behemoth-like bureaucracy.

After Mr Ban in the early voting is India's Shashi Tharoor, a current undersecretary-general, who again came in second on Thursday. But Mr Tharoor received three negative votes and two “no opinion” votes on Thursday. He has conceded that things are looking good for his rival. The others (a Jordanian prince; politicians from Sri Lanka and Thailand) have, so far, drawn relatively little attention.

Whoever gets the top job, the question of what he should do needs answering. America, for example, wants more of a “secretary” than a “general”: John Bolton, its gruff ambassador to the UN, recently used the official job description, “chief administrative officer”, three times in two sentences to reporters. America wants a manager and reformer rather than a prominent diplomat. Poor countries, on the other hand, want a strong advocate for aid, trade and (in some cases) intervention in war zones. India leads a group of countries not on the council saying that the General Assembly, which must approve the new secretary-general, may not rubber-stamp the council’s candidate as it has always done in the past.

Given such competing demands, and the behind-the-scenes question of how (and if) the Security Council itself might be reformed, any candidate could face serious objections from one or other crucial member state. So Mr Ban’s cautious, keep-mum strategy, might just be the smartest approach of all.

Posted by johnson at 07:44:31 | Permanent Link | Comments (0) |

星期日 | 十月 01, 2006

Often Parched, India Struggles to Tap the Monsoon

SURAT, India — Early on a Monday morning during the August monsoon, after several days of torrential rains, the engineers in charge of a massive dam about 50 miles upstream from this diamond-polishing hub faced a harrowing crisis.

With water brimming well past the permitted levels at the 350-foot Ukai Dam, according to official records, and the skies showing no sign of relief, the engineers apparently threw open the reservoir’s 21 sluice gates. Water then did what water does. It surged downriver, swallowing this city of three million people like a hungry beast. The diamond lanes of India became a warren of muck and ruin.

In less than three days, at least 120 people died. More than 4,000 animal carcasses were later hauled out of the mud. Two weeks after the floods, Surat’s diamond-polishing factories were practically empty of workers, who had fled fearing disease. An industry group estimated the losses at $60 million.

Exactly what happened in Surat is still under investigation. But the deluge has drawn new attention to a puzzle that is crucial to securing India’s future: how to harness and hold on to its rich but capricious rains.

The problem is a matter of bitter and enduring debate in this country — and the answer may hold a key to India’s prosperity. Every year, India is crippled by floods in some areas, even as it is parched in blighted corners elsewhere.

India’s average annual rainfall rate hovers at an abundant 46 inches, as much as Ireland’s. Yet growing water scarcity threatens both farms and cities. With the population hitting 1.1 billion, the amount of water available to each Indian is roughly the same as the amount available to the average Sudanese, according to the Food and Agriculture Organization.

India’s rains tend to come in short, furious bursts, meaning that much of that water escapes as untapped potential, washing into the sea and wreaking havoc on the fragile villages and flourishing cities that stand in its way.

India is likely to become even more vulnerable, environmentalists warn. Global climate change threatens to make weather patterns even more erratic. Steadily shrinking Himalayan glaciers will inexorably melt and rush down the flood plains.

Floods in India are already a perennial and costly affair, especially in human terms. The southwest monsoon killed 2,545 people in less than four months this year, according to the Ministry of Home Affairs.

Part of the problem lies in India’s rapid and unruly development. As water demand has soared, the natural sponges of Indian cities — lakes, ponds, marshes, mangroves — have been lost to construction. Only a handful of city and state governments have lately begun to mandate rainwater harvesting to slowly replenish groundwater.

Moreover, the country faces a water storage crunch. Traditional small-scale Indian storage systems, from temple tanks to elaborate step-wells, have fallen into disrepair. China, a country with similar development issues, manages to store five times the water that India does per person, the World Bank estimates. But the Chinese government, with scant public debate, has moved thousands of people to make way for colossal water projects.

India, too, has tried. But here, in the world’s largest democracy, the big-money water solution — the big dam — has been the subject of rancorous disputes. Some projects have met resistance for decades.

Proponents say India must build many more reservoirs to meet its growing water and energy needs. India’s founding prime minister, Jawaharlal Nehru, under whose watch the Ukai Dam was built, called them “modern temples” of his newly sovereign nation. India has roughly 4,300 large dams, like the one east of Surat, and an additional 475 under construction.

Critics say that big dams have already proved too costly and too destructive, submerging villages and displacing people without adequate compensation.

They also argue that dams and irrigation canals, like so much Indian infrastructure, are so poorly maintained and managed that already they cannot hold all they are supposed to. According to government estimates, silt deposits make up 10 percent of total capacity. Because of declining rains, India today fills up its reservoirs two out of every three years.

When the Tapi River burst upon Surat on Aug. 7, its swollen waters broke through an already fragile concrete embankment near Abdul Bhai Patel’s apartment.

Eventually, the rising waters reduced Mr. Patel’s building to a pile of rubble and brick. His wife, Zulekha, was among nearly 40 people who were killed when the building collapsed.

“I screamed,” Mr. Patel recalled several days later, as he picked solemnly through the rubble in search of his passport. “No one heard me. There was water all around.” The river took away his only source of income, too — the auto-rickshaw that he plied on the streets of Surat.

Downstream, at the industrial park called Hazira, one of the country’s largest natural gas plants was forced to shut down. Several petrochemical plants shut down as well. The floodwaters reached as high as 18 feet at Hazira.

Government engineers who manage dams, including the Ukai, have the unenviable task of balancing the competing Indian curses of drought and deluge.

In dry years, they must take measures to store as much water as possible in the reservoir. In wet years, they must guard against drowning those who live downstream.

Whether state officials at Ukai could have taken any steps to forestall the flooding remains uncertain. The officials plead silence, citing a judicial inquiry under way.

Their critics are not silent. They argue that it was reckless to wait so long to discharge so much water, knowing it could submerge the city in a matter of hours, and they have pounced on the drowning of Surat as a model of all that is wrong with the way India uses its reservoirs.

“I call it a management failure,” said M. D. Desai, a retired state engineer who once worked at Ukai.

The reservoir was already well over 20 percent full by the time the rains began in July, critics note. Meteorological data forecasted heavy rains in early August. And dam officials should have known that a full moon, on Aug. 9, would bring high tides and further pinch the river’s ability to drain into the sea. The Hazira industrial complex, built on the estuary, also compromises the river’s ability to drain out.

Often, the wasted water is a double hit to development: Not only does it go unused, it destroys everything in its path, setting back both industry and infrastructure. In Surat, the outpouring of the Ukai Dam snapped electricity and phone lines, and suspended train service and commerce.

The Business Standard, an English-language daily, fumed in an editorial, under the headline “Man-Made Floods,” a few days after the deluge.

“Releasing the water in a rush at the monsoon time means that the stored water has gone completely waste, as runoff,” it read. “This is criminal profligacy with a scarce and precious resource.”

Modern India, urban and rural, continues to live at the whim of the monsoon.

For two-thirds of India’s farmers, who have no access to irrigation, a good monsoon is the difference between survival and penury. For fast-growing cities like this one, the monsoon lays bare the frailties of urban infrastructure.

This year, in the perennially drought-stricken agricultural region of Vidarbha, in central India, the monsoon was first tardy and then, unexpectedly furious. Those who had low-lying lands lost their crops entirely. In the western state of Rajasthan, a fluke downpour turned desert to lake.

In the cities, troubles like those in Surat are spread all around, at accumulating costs. Last year, one day’s unusually heavy rains brought Mumbai, formerly Bombay and the country’s financial capital, to a standstill.

Trains stopped in their tracks. Cars were submerged, sometimes with people inside. Shanties were washed away. All told, 400 people died in the flooding, and then, 60 more, as cholera and dengue fever festered in its waterlogged streets.

Civic scrutiny fell on years of neglect and bad planning: the narrow storm drains bursting with the city’s waste; the slums sitting on the city’s floodplains; and the sprawling complex of financial services buildings that has eaten up mangroves.

In Surat, prosperity and population growth brought a surge of new development on the river’s edge. A city official acknowledged that expanding construction along the riverbank had made it impossible to put up flood walls in some places.

Any lessons will come too late for Tulsi Mistry, 14, and her family. Before dawn, on that fateful Monday in early August, when news of flooding first reached the Rivera Row Houses, they scrambled to higher ground.

From her perch on the roof, Tulsi watched as the river rose and devoured her city. A refrigerator and washing machine coursed down her street. A body floated in the park up the road.

Tulsi and her family ended up virtually stranded on their rooftop terrace for a week. They ate whatever was left in the pantry and shared with neighbors. They drank what was stored in the rooftop tank, forgoing a bath for seven days.

Posted by johnson at 19:04:40 | Permanent Link | Comments (0) |

Detainee Memo Created Divide in White House

In June 2005, two senior national security officials in the Bush administration came together to propose a sweeping new approach to the growing problems the United States was facing with the detention, interrogation and prosecution of terrorism suspects.

In a nine-page memorandum, the two officials, Gordon R. England, the acting deputy secretary of defense, and Philip D. Zelikow, the counselor of the State Department, urged the administration to seek Congressional approval for its detention policies.

They called for a return to the minimum standards of treatment in the Geneva Conventions and for eventually closing the detention center at Guantánamo Bay, Cuba. The time had come, they said, for suspects in the 9/11 plot to be taken out of their secret prison cells and tried before military tribunals.

The recommendations of the paper, which has not previously been disclosed, included several of the major policy shifts that President Bush laid out in a White House address on Sept. 6, five officials who read the document said. But the memorandum’s fate underscores the deep, long-running conflicts over detention policy that continued to divide the administration even as it pushed new legislation through Congress last week on the handling of terrorism suspects.

When the paper first circulated in the upper reaches of the administration, two of those officials said, it so angered Defense Secretary Donald H. Rumsfeld that his aides gathered up copies of the document and had at least some of them shredded.

“It was not in step with the secretary of defense or the president,” said one Defense Department official who, like many others, would discuss the internal deliberations only on condition of anonymity. “It was clear that Rumsfeld was very unhappy.”

The internal debate over detention issues that began within weeks after the terrorist attacks of Sept. 11, 2001, has come to light before. But interviews show that the struggle, pitting top officials against one another, intensified behind the scenes over the last year as criticism of the administration’s approach grew in the United States and abroad. Crucial elements of that approach were struck down by the Supreme Court on June 29, forcing a resolution of disputes that had gone on for months.

On one side of the fight were officials, often led by Vice President Dick Cheney, who said the terrorism threat required that the president have wide power to decide who could be held and how they should be treated. On the other side were officials, primarily in the State Department and the Pentagon, who portrayed their disagreement as pragmatic. They said the administration had claimed more authority than it needed, drawing widespread criticism and challenges in the courts.

Those officials initially hailed the president’s Sept. 6 announcement. Mr. Bush publicly discussed the Central Intelligence Agency’s secret detention program for the first time, saying he had ordered its remaining 14 prisoners sent to Guantánamo and tried before military tribunals. The same day, Pentagon officials presented new directives that effectively renounced military use of highly coercive interrogation methods.

But even as the White House negotiated with Congress in recent weeks, administration forces led by the vice president’s office reasserted themselves. Officials said Mr. Cheney’s staff and its bureaucratic allies — having agreed reluctantly to the disclosure of the C.I.A. operation and other changes — were closely involved in guiding the talks with Republican senators. Their adversaries in the administration, meanwhile, had to scramble just to keep up with details of the bargaining.

“Basically, they were left to get back whatever they could from Congress,” one senior administration official said of the Cheney group. “And they did.”

In the end, the White House pressed Republican senators to accept a broad definition of “unlawful enemy combatants” whom the government can hold indefinitely, to maintain some of the president’s control over C.I.A. interrogation methods and to allow the government to present some evidence in military tribunals that is based on hearsay or has been coerced from witnesses.

The administration did concede to the senators on some rules for military commissions, as the tribunals are called. It also backed off its effort to limit its obligations under the Geneva Conventions, but fought to ensure that government personnel would be immunized from prosecution for any treatment of detainees before the end of 2005 that was cruel, inhuman or degrading.

Still, several officials said privately that the detainee legislation might fail to meet a primary goal of those inside the administration who had advocated change: quelling domestic and international criticism and moving past the federal lawsuits that have tied up parts of the detention apparatus since 2002.

“There have been so many times when we thought we had broken through and turned things around, and then the forces on the other side kept charging back,” said one administration lawyer who has supported such changes. Now, the official added, “even after what was supposed to be this major legislation to resolve these issues, we are going to be back at it.”

At the time the England-Zelikow memorandum was written, in mid-June 2005, several officials said they saw little enthusiasm for reconsidering the detention system that had been set up after 9/11, primarily by a small group of lawyers in the White House, the Justice Department and the Defense Department.

That system had begun to come under increasing attack. An erroneous item in Newsweek magazine, about a Koran being flushed down a toilet at Guantánamo, led to violent demonstrations overseas. Criticism of the detention camp grew sharper in Europe. Some influential Republicans in Congress began to voice complaints as well.

Mr. Zelikow, who served as staff director for the national commission that investigated the 9/11 attacks, joined the State Department in early 2005 with strong views on the detention issue, other officials said. Early on, he began to push the idea that high-level C.I.A. captives held in connection with the 9/11 attacks should be brought to justice, these officials said.

Mr. England took over as Mr. Rumsfeld’s acting deputy in April 2005 while continuing to serve as secretary of the Navy. (He was confirmed as deputy secretary in April 2006.) He, too, had experience with the detainee issue, having spent months working to overhaul what many military officers saw as a flawed screening process for prisoners at Guantánamo.

Two other officials who had worked extensively on detention issues during Mr. Bush’s first term also participated in the drafting of the memorandum, officials said. One of them, Matthew C. Waxman, was Mr. Rumsfeld’s chief aide for detainee issues. The other, John B. Bellinger III, was the State Department’s legal counsel.

The proposals in the paper were not entirely new. But what was different, one administration official said, was an effort at “a big-bang solution,” to persuade senior officials or the president himself to adopt a comprehensive new approach to the detention problems of the policy. Failing that, officials said, the authors hoped to foster new debate about how to shape a strategy that would be more sustainable diplomatically, politically and in the federal courts.

Three years after Mr. Bush had determined he would not apply the Geneva Conventions in fighting terrorists, the memorandum urged a return to the conventions’ minimum standards, including the ban on “humiliating and degrading treatment” contained in the provision known as Common Article 3. The authors advocated that move not because they believed it was required by international law, officials said, but to win broader support from American allies and make court intervention less likely.

The paper did not advocate abandoning the covert interrogation program, but restricting it to the shorter-term questioning of more important suspects, officials said. After repatriating many of the Guantánamo detainees, the authors argued, the detention center could be shut down and the remaining prisoners transferred to a long-term detention facility in the United States. They did not specify what kind of facility it should be, two of the officials who read the paper said.

In a passage that underscored the views of Mr. Zelikow, one official said, the paper argued that efforts to bring to justice the perpetrators of the 9/11 attacks must produce more than the chaotic trial of Zacarias Moussaoui, the French-born militant who remains the only person to have been charged in an American court with involvement in the attacks.

The paper specifically called for taking Khalid Shaikh Mohammed and others held by the C.I.A. before military commissions, officials said, arguing that much of the information that would be disclosed by their trials was already widely known.

Officials said the memorandum was well received by Secretary of State Condoleezza Rice, who forwarded it to senior officials at the National Security Council. But the hope that it would lead to a broader discussion of options within the administration was quashed by Mr. Rumsfeld, they said.

Some of the defense secretary’s ire over the paper appeared to be substantive, several Pentagon officials said. At various times, Mr. Rumsfeld raised objections to taking over responsibility for the C.I.A. detainees, and he was reluctant to consider closing Guantánamo without a viable alternative in sight, the officials said.

Most important, they said, Mr. Rumsfeld was angered that his new deputy, Mr. England, had worked on the memorandum with officials outside the Pentagon without his authorization. “England’s wings got clipped after that,” one Defense Department aide said.

A spokesman for the department, Col. Gary L. Keck, said it would not discuss its deliberations on detainee policy or any “predecisional documents.” But he denied that Mr. Rumsfeld was ever angered by those deliberations or instructed anyone to destroy documents.

“This is a difficult and complex issue that has profound operational, diplomatic, legal and political implications not only for the Department of Defense, but for many other executive agencies,” Colonel Keck said in a statement. “In any discussion on such an important topic there will be differences of opinion — this is to be expected.”

In early August 2005, after a long internal debate, new rules for the Guantánamo military tribunals were published which did not include changes that many military lawyers had advocated. Officials said David S. Addington, who was then Mr. Cheney’s counsel and is now his chief of staff, was prominent among those who opposed modifications like an explicit ban on evidence obtained by torture, contending that it would wrongly hint that the government had sanctioned torture at all.

At the Pentagon, Mr. England continued to pursue the idea of adopting Common Article 3 of the Geneva Conventions in a directive that would set guidelines for prisoner treatment and interrogations. In late August, he called a meeting with some of the vice chiefs of staff of the armed forces and senior uniformed and civilian lawyers to consider the matter.

According to officials who attended the meeting, several of those present spoke in favor of the Geneva provision, including the senior Army lawyer, Maj. Gen. Thomas J. Romig. In an unusual move, Mr. England called for a show of hands. All but two of those present endorsed the provision. But those two officials were among the most influential in the room: the department’s under secretary for intelligence, Stephen A. Cambone, and its general counsel, William J. Haynes II.

Their concerns, which were later echoed by aides to Mr. Cheney, started with the fact that the president had explicitly rejected the Geneva standard in February 2002. They also disputed the idea that Article 3 would necessarily give clear guidance to soldiers, citing what they called its vague prohibition on “outrages upon personal dignity.”

Debate over both the proposed prisoner-treatment directive and an Army field manual for interrogations would go on for another year. For the time being, though, the idea of adopting Common Article 3 directly as the standard of treatment went no further.

There was little high-level discussion of alternatives to Guantánamo, several officials said. But the C.I.A.’s secret prisons had been a subject of rising concern since at least 2004, when unease over the open-ended detentions became evident within the agency and the Supreme Court ruled that detainees held by the United States at Guantánamo — and, by implication, elsewhere around the world — could challenge their detention in American courts.

By late 2005, as reports in The Washington Post and other news media about the secret prisons raised a storm of complaints among foreign governments, the C.I.A. began to move more quickly to transfer some captives to the custody of their own and other foreign governments, officials familiar with the program said.

By the end of 2005, military lawyers also began to review the C.I.A.’s evidentiary files on the high-value detainees to consider their possible prosecution by the military commissions at Guantánamo. Ultimately, military officials concluded that they could make solid cases against the C.I.A. prisoners without unduly exposing the agency’s covert program or even having to depend heavily on statements that had been obtained during highly coercive interrogations, several officials said.

There was also new pressure for action from within the C.I.A. Intelligence officers involved in detention and interrogations were increasingly worried about the legal implications of the program, officials said. Some foreign governments had declined to house covert detention centers, and the furor over those sites created friction with other intelligence agencies, the officials said.

Still, some senior figures in the administration, including Mr. Cheney and his chief of staff, Mr. Addington, remained unconvinced that the C.I.A. program could be made public and its prisoners taken before military commissions while continuing to protect what they saw as a vital intelligence asset, several officials said.

A spokeswoman for Mr. Cheney, Lea Anne McBride, said his office would have no comment on its role in policy deliberations, as did spokesmen for the State Department and the National Security Council.

“The problem fell for some period of time into the too-hard category,” one senior administration official said. “It fell so far into the too-hard category that it was lost from view.”

Interagency meetings on the detention issue with officials just below the cabinet level went around and around for months, officials said. In the late spring, they added, the president’s national security adviser, Stephen J. Hadley, began pushing senior officials to agree on options they could present to the president.

Many officials said the most important factor in forcing a new approach was the Supreme Court’s ruling in June that the military commissions set up by the administration could not proceed. That decision, which also upheld the minimum Geneva standards of prisoner treatment as binding law, led the administration to seek Congressional authorization for new tribunals and, some officials said, left the C.I.A.’s interrogation program on even more tenuous ground.

In late July, two officials said, Mr. Rumsfeld and his aides dropped their longstanding concerns about taking custody of the C.I.A. detainees, and Mr. Hadley moved to approve the arrangements for their transfer to Guantánamo.

The two officials said that Mr. Cheney was never entirely persuaded of the wisdom of emptying the C.I.A.’s detention sites and making its interrogation program public, but supported the move when Mr. Bush decided in late August to go ahead.

“The vice president knows the president has made the right decisions to make Americans safer and support the men and women on the front lines in the war on terror who are fighting this brutal enemy,” Mr. Cheney’s spokeswoman, Ms. McBride, said.

The element of the new legislation that raised the sharpest criticism among legal scholars and human rights advocates last week was the scaling back of the habeas corpus right of terrorism suspects to challenge their detention in the federal courts. But in dozens of high-level meetings on detention policy, officials said, that provision was scarcely even discussed.

Posted by johnson at 19:03:28 | Permanent Link | Comments (0) |

G.O.P. Aides Knew in Late ’05 of E-Mail

WASHINGTON, Sept. 30 — Top House Republicans knew for months about e-mail traffic between Representative Mark Foley and a former teenage page, but kept the matter secret and allowed Mr. Foley to remain head of a Congressional caucus on children’s issues, Republican lawmakers said Saturday.

The exchanges began with what Republicans now describe as an “overfriendly” e-mail message from Mr. Foley to the unidentified teenager.

But news reports about the exchanges led to the disclosure of e-mail correspondence with other former pages in which the discussions became more and more sexually explicit. Shortly after he was confronted by ABC News on Friday about the subject, Mr. Foley, who represented a south Florida district, resigned from the House.

The revelations set off a political upheaval, with Democrats and some Republicans calling for a full investigation of Mr. Foley’s conduct and whether House leaders did enough to look into it. Members of the Republican leadership sought Saturday to detail how they had handled the case in an effort to defuse the situation, even as it was emerging as an issue in Congressional races.

Among those who became aware earlier this year of the fall 2005 communications between Mr. Foley and the 16-year-old page, who worked for Representative Rodney Alexander, Republican of Louisiana, were Representative John A. Boehner, the majority leader, and Representative Thomas M. Reynolds of New York, chairman of the National Republican Congressional Committee. Mr. Reynolds said in a statement Saturday that he had also personally raised the issue with Speaker J. Dennis Hastert.

“Despite the fact that I had not seen the e-mails in question, and Mr. Alexander told me that the parents didn’t want the matter pursued, I told the speaker of the conversation Mr. Alexander had with me,” Mr. Reynolds said.

In a chronology of the episode released later on Saturday, the speaker’s office said Mr. Hastert did not recall any such discussion and had no previous knowledge of the matter. “While the speaker does not explicitly recall this conversation, he has no reason to dispute Congressman Reynolds’ recollection that he reported to him on the problem and its resolution,” the statement said.

The statement, issued after senior aides, the House clerk and legal advisers huddled for much of Saturday in the Capitol, said senior staff members in the speaker’s office first learned of the e-mail messages from Mr. Alexander’s office in the fall of 2005 and took steps to investigate.

Aides to the speaker and other Congressional Republican leaders said the messages, which an Alexander aide described to them as “overfriendly,” were much less explicit than the others that came to light after ABC News first disclosed the e-mail correspondence with Mr. Alexander’s page. The aides said Mr. Alexander’s office, at the request of the page’s family, did not show them copies of the messages. In those messages, sent after Hurricane Katrina, Mr. Foley asked about the well-being of the boy, a Monroe, La., resident. He wrote: “How are you weathering the hurricane. . .are you safe. . .send me a pic of you as well.” The page sent the note to a former colleague, describing it as “sick.”

In another message, Mr. Foley wrote, “What do you want for your birthday coming up. . .what stuff do you like to do.”

The e-mail exchanges that came to light after the first news reports were far more graphic. When he was confronted about them on Friday, Mr. Foley resigned. Republican leaders said they had not known about the other e-mail correspondence.

“No one in the speaker’s office was made aware of the sexually explicit text messages which press reports suggest had been directed to another individual until they were revealed in the press and on the Internet this week,” the statement from Mr. Hastert’s office said.

Both Republican and Democratic lawmakers said Saturday that Congress and the public deserved a full report on Mr. Foley’s dealings with the pages, who are high school students who serve as runners and perform other duties. The lawmakers said there should also be an inquiry into the leadership’s knowledge of his activities and its response.

“Anyone who was involved in the chain of information should come forward and tell when they were told, what they were told and what they did with the information when they got it,” said Representative Peter T. King, Republican of New York. Mr. King called it a “dark day” for Congress and said, “We need a full investigation.”

Representative Christopher Shays, Republican of Connecticut, said any leader who had been aware of Mr. Foley’s behavior and failed to take action should step down. “If they knew or should have known the extent of this problem, they should not serve in leadership,” Mr. Shays said.

On Saturday night, the House Republican leadership issued a statement that characterized the communications between Mr. Foley and the former House pages as “unacceptable and abhorrent.”

“It is an obscene breach of trust,” the statement said. “His immediate resignation must now be followed by the full weight of the criminal justice system.”

The statement, from Mr. Hastert, Mr. Boehner and the majority whip, Roy Blunt, asked the board that oversees pages “to undertake a full review of the incident and propose additional safeguard measures.”

The leaders also said they had asked for specific rules governing the communications and contacts between pages and lawmakers and called for creation of a toll-free number for pages and their parents to report concerns.

Besides the leaders, other lawmakers and Congressional officers who served on the board that oversaw the page program were aware of the e-mail messages, though the Democratic lawmaker who serves on the board, Representative Dale E. Kildee of Michigan, said Saturday that he had never been informed.

According to lawmakers and the speaker’s office, the page who received the e-mail forwarded the one in which Mr. Foley, 52, asked for his picture, to a colleague in Mr. Alexander’s office, repeatedly calling it “sick” and saying it “freaked me out.”

Mr. Alexander called the boy’s parents, who, Republican leaders said Saturday, told him they did not want to pursue the matter but wanted Mr. Foley to stop.

Mr. Alexander’s office also contacted staff members in Mr. Hastert’s office for guidance on what to do and, according to the speaker’s account, his aides put Mr. Alexander’s staff in contact with the clerk of the House, who oversees the page program. The clerk, who at the time was Jeff Trandahl, referred the matter to Representative John Shimkus, the Illinois Republican who is the chairman of the House Page Board, in late 2005, a spokesman for Mr. Shimkus said.

Mr. Trandahl and Mr. Shimkus confronted Mr. Foley, who insisted he was simply acting as a mentor to the former page, officials said. He assured them nothing inappropriate had occurred.

“They asked Foley about the e-mail,” the speaker’s statement said. “Congressman Shimkus and the clerk made it clear that to avoid even the appearance of impropriety and at the request of the parents, Congressman Foley was to immediately cease any communication with the young man.”

The leadership had other possible avenues for investigating the e-mail messages beyond questioning Mr. Foley, including an inquiry by the ethics committee or even the Capitol police. But aides said that while the contents of the messages are disturbing in hindsight, they did not set off alarms initially.

On Saturday, Mr. Shimkus’ spokesman, Steve Tomaszewski, said, “Obviously Foley lied about the other e-mails.”

Mr. Tomaszewski said Mr. Shimkus would not comment on any other conversations he had with House leaders about the matter because it was referred to the ethics committee by a vote of the House on Friday. A spokesman for Mr. Alexander did not respond to telephone and e-mail messages.

Kevin Madden, a spokesman for Mr. Boehner, said Saturday that Mr. Boehner had had a “brief, nonspecific” conversation about the subject with Mr. Alexander in the spring but that he could not recall with certainty whether he had discussed it with other leaders.

Democrats moved quickly to criticize Mr. Reynolds, who while overseeing House campaigns nationally is facing the potential of a serious challenge from Jack Davis, a wealthy businessman who has vowed to spend at least $2 million of his own money in the contest. “Tom Reynolds had a moral obligation to protect our children,” said Curtis Ellis, a spokesman for Mr. Davis.

Carl Forti, a spokesman for Mr. Reynolds, said the congressman became aware of contact between Mr. Foley and the young page this past spring, when Mr. Alexander brought it to his attention. Mr. Forti said that Mr. Alexander had told Mr. Reynolds of an e-mail exchange between Mr. Foley and the page, but that he did not show Mr. Reynolds the e-mail messages and their contents.

Strategists for both parties said it was too early to tell what impact the episode might have on Congressional elections now five weeks away but said at a minimum it could lower the already dismal public view of incumbents and discourage conservative voters.

It directly affected the race for the seat of Mr. Foley — the third Republican to resign this year under a cloud. Tim Mahoney, the Democrat who had been running an uphill and barely watched race against Mr. Foley, used the new attention to his campaign on Saturday to accuse the Republican leadership of covering up for him.

“It’s now clear from all the reports coming in from across the country that the Republican leadership team has been well aware of this problem with the pages for well over a year,” Mr. Mahoney said at a campaign stop at Palm Beach International Airport. “It looks to me that it was more important to hold onto a seat and to hold onto power than to take care of our children.”

At the Justice Department, an official said that no investigation was under way but that the agency had “real interest” in examining the circumstances to see if any crimes were committed.

Several of Mr. Foley’s former colleagues demanded a criminal inquiry.

Representative Robert E. Cramer, an Alabama Democrat who was co-chairman with Mr. Foley of the House Caucus on Missing and Exploited Children, condemned Mr. Foley’s actions as “shocking and disturbing.”

“Anyone, including Foley, involved in this type of behavior should be prosecuted to the fullest extent of the law,” Mr. Cramer said.

Posted by johnson at 19:01:59 | Permanent Link | Comments (0) |