Monthly Archives: July 2007

POGO Asks If Marine Corps Lied to Senator Levin about MRAP Request?

Nick Schwellenbach of the Project On Government Oversight has a very interesting post at the POGO Blog asking whether the Marine Corps Lied to Senator Levin about MRAP Request:

Marine Corps claims described in congressional correspondence are at odds with the actual text of a February 2005 urgent needs request from Marines in Iraq.

In a letter Senator Carl Levin (D-Michigan), chairman of the Senate Armed Services Committee, wrote to Senator Joe Biden (D-Delaware) on June 26, 2007 (pdf), the following was written:

Press reports about the February 2005 Marine Corps Urgent Operational Needs Statement [pdf] that you referenced in your letter concerned me a great deal as well. Since learning of this needs statement, my Committee staff has met with the Marine Corps multiple times. The Marine Corps’ answer to the Committee staff has been two-fold: 1) the Marine Corps has initiated its own internal review of how urgent operational needs statements are handled; and 2) the Marine Corps indicated that the request from theater called for more effective armor materiel, which came in the form of fragmentation kit upgrades, rather than a specialized vehicle like the MRAP. I have directed my Committee staff to continue meeting with the Marine Corps on this matter until the internal review is completed. [Emphasis added]

However, even the briefest look at the February 2005 request (pdf) shows otherwise; that is, that the Marines on the ground, in Iraq, requested MRAPs specifically.  The first lines in that document on the first page, under “Description of Need,” are:

MINE RESISTANT AMBUSH PROTECTED (MRAP) VEHICLE. This is a Priority 1 Urgent UNS in support of OIF EDL. Total AO requirement is 1169.

There is an immediate need for an MRAP vehicle capability to increase survivability and mobility of Marines operating in a hazardous fire area against known threats.

On its face, it seems that the Marine Corps engaged in telling the congressional staffers of the chairman of the Senate Armed Services Committee a bold-faced lie.  The only other possibility is that Senator Levin’s staffers misinterpreted or wrongly portrayed the Marine Corps’ claims. 

If it’s the former, Congress should consider prosecuting the responsible parties for making false statements under 18 U.S.C. §
1001
.  Congress cannot intelligently and adequately perform its legislative and oversight functions if the executive branch is not providing it with truthful information–hence the existence of 18 U.S.C. §
1001
.  There need to be penalties for willfully misinforming Congress, especially on matters of life and death in wartime.  These requests were not made by bureaucrats at the Pentagon, but by Marines in Iraq regarding a vehicles which, if procured sooner, could possibly have saved the lives of hundreds. 

If Congress never penalizes or threatens to penalize those who lie to it, then it will only invite more dishonesty and a withering of its own stature.

I think the principle at stake is important. So too is the underlying factual issue: despite desperate pleas from the folks on the ground, the Pentagon decided not to send armored vehicles that could withstand IEDs in Iraq to US soldiers. At the same time, they made sending these vehicles to the Iraqi troops a priority. Why? Not clear — kindest explanation is that they thought we’d be ought of there so quickly there would be no need for the improved armor; the stuff also makes the vehicles slow. Even so, that’s no excuse for lying about it to Congress.

Posted in National Security | 1 Comment

On ‘Outrageous’ Government Conduct

I read the news that Judge Lewis A. Kaplan dismissed the criminal tax case against 13 KPMG defendants with a little bit of bemusement.

Judge Kaplan has a reputation as a fine judge, and I have no reason to question his decision…but it does make for an odd juxtaposition with the Padilla case, in which Judge Cooke denied Jose Padilla’s motion to dismiss for outrageous government conduct.

Here's a snippet on the KPMG decision:

A judge threw out charges Monday against 13 former KPMG employees who were accused of participating in a fraud that helped the wealthy escape $2.5 billion in taxes. The ruling essentially guts what the government once called the largest criminal tax case in U.S. history.

U.S. District Judge Lewis A. Kaplan said he dismissed the charges because prosecutors blocked the defendants from putting on a defense. He said the government coerced KPMG to limit and then cut off its payment of the employees' legal fees, meaning the defendants were effectively stripped of their constitutional right to legal representation in what was sure to be a long, expensive trial.

The harshly worded decision also amounted to a stinging rebuke of the Justice Department in its prosecution of KPMG, a global tax firm.

“Their deliberate interference with the defendants' rights was outrageous and shocking in the constitutional sense because it was fundamentally at odds with two of our most basic constitutional values – the right to counsel and the right to fair criminal proceedings,” Kaplan wrote.

Sounds plausible. And not having followed the case with great care, I'm prepared to accept this ruling until someone explains to me what is wrong with it.

But it sure seems odd that denying the lawyer of their choice to bunch of rich professionals is outrageous government conduct sufficient to get a criminal charge dismissed, but the same does not apply to holding a guy in solitary for years under conditions that may amount to torture.

I am sure someone will reply that in the KPMG case the government action directly impacted the trial, while in the Padilla case the judge has ruled that nothing learned during his confinement in a military brig can be introduced at trial. Furthermore, government experts testified that despite the years of isolation and sensory deprivation Padilla is competent to stand trial. But — based only on the news reports of the KPMG decision — that misses the point of comparison. The KPMG defendants had access to lawyers, just not the very most expensive ones they wanted. (And in case you had doubts, there's some evidence that those public defenders are pretty good…) Padilla may be functional, maybe, but does anyone seriously believe he is unscathed and as able to participate in his defense as he would have been but for the government's conduct? If so, I have a portfolio of bridges to sell you…tax free…

(I'm always a bit nervous posting about cases based only on news reports. If there's something in the text of the KPMG decision which explains this disjunction, I will welcome corrections and amplifications.)

Posted in Law: Constitutional Law, Padilla | Comments Off on On ‘Outrageous’ Government Conduct

Habeas Restoration Bill Hangs By a Vote

According to the reliable folks at Firedoglake, the habeas restoration bill is within a vote or two of passage.

If you are represented by any of the following fence-sitters,

Sen. Joe Lieberman (I-CT)
Sen. Ben Nelson (D-NE)
Sen. Chuck Hagel (R-NE)
Sen. Richard Lugar (R-IN)
Sen. Larry Craig (R-ID)
Sen. Susan Collins (R-ME)
Sen. Olympia Snowe (R-ME)
Sen. Norm Coleman (R-MN)
Sen. George Voinavich (R-OH)
Sen. John Sununu (R-NH)
Sen. Mary Landrieu (D-LA)
Sen. Gordon Smith (R-OR)
Sen. Lamar Alexander (R-TN)

please give them a call and encourage them to remove this blot on the rule of law. (Phone numbers and multiple arguments are here.)

Posted in Guantanamo, Law: Constitutional Law | Comments Off on Habeas Restoration Bill Hangs By a Vote

Local Governments Eye Wifi Monitoring

Today's Herald runs a big scare story on how pedophiles use wifi (sort of like they use telephones, cameras and cars, isn't it?), Wi-Fi helps child porn exchanges thrive.

Along side it is a somewhat more balanced story, Local governments try to balance security, privacy. There are a few interesting quotes, including these:

As the Internet becomes a more common way of accessing medical records, political activity and financial transactions, groups such as the Electronic Frontier Foundation argue that government utilities have no business peeking into their residents' records.

“It's tremendously important that we don't capture or record what websites people are going to,” said Michael Froomkin, a University of Miami law professor and member of both the foundation's advisory board and Alvarez's steering committee.

Stored personal information can be used in a variety of intrusive ways, he said, whether illegally snatched by an unscrupulous employee or legally sold to marketers seeking to target their ads.

Miami Beach hopes to launch wireless service later this year, which — unlike the county's project — will be free to residents and visitors. Software will watch for suspicious activity and track where users are located but not which websites they visit.

“If any such monitoring reveals criminal activity, that could be turned over to authorities, but this is not like Big Brother,” said Miami Beach spokeswoman Nannette Rodriguez.

What is “suspicious activity” and how is it divorced from where you go on the web? And exactly how is that not like Big Brother? Ms. Rodriguez doesn't explain. If it's volume of use — e.g. high volume email that looks like spammning — I could understand it, although even here there are hard issues: for example, without peeking at the content how do you distinguish a phishing scammer from a person running a political campaign?

Posted in Civil Liberties, Miami | 1 Comment

MN GOP Accused of Illegalities

The Republican Party of Minnesota is in for a spot of bother: Read the “confidential memo” from the Minnesota Republican Party that is the basis of CREW's FEC complaint.

Posted in Politics: The Party of Sleaze | Comments Off on MN GOP Accused of Illegalities

UM Offers Course on ‘Ethical Hacking’

So much of what we hear from the UM administration about computers is scare stories, so it's nice to see something different:

Ethical hacking and countermeasures course

The goal of the ethical hacker is to help an organization take preemptive measures against malicious attacks by attacking a computer system within the legal limits. This class will immerse the student in an interactive environment where they will be shown how to scan, test, hack, and secure their own systems. Students will learn how intruders escalate privileges and what security steps can be taken. Students will also learn about intrusion detection, policy creation, social engineering, DDoS attacks, buffer overflows, and virus creation. This five-day course, running from Monday, July 30 to Friday, August 3, prepares individuals for the EC-Council Certified Ethical Hacker Exam 312-50 and will be held at the Blue Lagoon campus. For information, call 305-284-2100 or e-mail f.freire@miami.edu.

But since when do we have a “Blue Lagoon Campus”?

Posted in U.Miami | Comments Off on UM Offers Course on ‘Ethical Hacking’