number 44     
03.19.06
interpreting the constitution
www.redstateupdate.net
Government's Domestic Spying Program Gets
Physical
previous editions archive
The legal authority that underpins
the National Security Agency’s
controversial warrantless wiretapping
program could be extended to
include physical searches of the
homes and businesses of American
citizens, according to a Justice
Department White Paper. In the 42-
page document, which was submitted
to congressional leaders by Attorney
General Alberto Gonzalez in an effort
to defend the constitutionality of the
Bush administration’s domestic
spying activities, the Justice
Department indirectly endorses
physical searches without warrants in
foreign intelligence investigations.

Gonzalez appeared before the
Senate
Judiciary Committee in February to
answer questions about the NSA
wiretapping program, avoiding any
discussion of physical searches. But
in amended comments submitted to
the committee three weeks later,
Gonzalez left open the possibility of
Presidential authorization of
warrantless physical searches,
writing, “I did not and could not
address operational aspects of the
program, or any other classified
intelligence activities.”  Although it
has been revealed that the NSA
wiretapping program has targeted
thousands of Americans, the scope
and extent of government searches
remains unknown.

The White House and the Department
of Justice argue that the authority
for these domestic spying
programs is derived directly from
the US Constitution, and in his
cover letter for the white paper
Gonzalez wrote that this authority
is “confirmed and supplemented
by Congress in the Authorization
for Use of Military Force (AUMF),
enacted on September 18,
2001.”  Members of Congress
from both parties have questioned
whether the approval for a military
strike against Afghanistan can be
used to justify spying on American
citizens, particularly outside the
auspices of the Foreign
Intelligence Surveillance Act.
                            
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interpreting the constitution

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Senate Vows to
Top Recent
'Largest Ever'
Tundra Oil Spill
Government Lawyer Colludes With Airlines and Crash Lands Moussaoui
Case
The death penalty trial of 9/11
conspirator Zacarias Moussaoui hit
an impasse recently when
government prosecutors were
admonished by the judge for violating
an order against coaching witnesses
jeopardizing the possibility that the
defendant can be sentenced to
death for his confessed role in the
terrorist attack.  Lawyers
representing the victims of the deadly
attack in a civil lawsuit against United
and American airlines have alleged
that one of the government’s lawyers
had colluded with the airlines to
ensure that the companies would not
be held liable for negligence on 9/11.

United and American are said to
have leaked a transcript of the trial to
a Transportation Security
Administration
lawyer, Carla J. Martin, who then
passed the transcript to several
federal aviation officials who were
scheduled to testify in the trial.  
Martin also coached the witnesses to
say that “there (was) no way anyone
could say that the carriers could
have prevented” the terror attacks.  

The lawyers for the victim’s families
told the judge in a brief that the
government's position in the
Moussaoui case was that “the
hijackings were completely
preventable and that gate security
measures could have been
implemented to prevent the 9/11
hijackers from boarding the planes
had security been on the look out for
short-bladed knives and box-
cutters."  Martin told the prospective
witnesses that “the
opening has created a credibility
gap that the defense can drive a
truck through” that would have a
“devastating” effect on the civil
suit against the airlines.

Defense lawyers have asked
Brinkema to rule that Moussaoui
cannot be sentenced to death in
this action because of the
government’s rule violation and
other errors during the
proceedings.  Judge Leonie
Brinkema said of the government’
s behavior, “In all the years I've
been on the bench, I've never
seen such an egregious violation
of the court's rule on witnesses…it
is very difficult for this case to go
forward."     
its all true
The recent oil spill on the
pristine North Slope in Alaska
went undetected for days
releasing more than 250,000
gallons of viscous crude oil
over a two-acre tract of tundra.
The spill occurred on the west
side of Prudhoe Bay and was
discovered accidentally by an
employee of BP Exploration.  
The spill resulted from oil
corroding through a pipeline
the thickness of which was one
third of an inch when it was
installed.

A Department of
Transportation report released
after the spill said that the
pipeline's wall had corroded to
a thickness of just 0.04 of an
inch in six areas along a three-
mile segment pipeline that was
tested.  Analysts say that the
spill was preventable and was
the result of cost-saving
measures by the company and
lax enforcement of mandated
environmental protections.  

During the time that
emergency efforts were being
rallied to clean-up what is the
largest spill in history along
Alaska’s North Slope, the
Senate approved a measure to
open up the Arctic National
Wildlife Refuge to oil drilling.  
The provision was included in
a resolution passed last week
by the Senate Budget
Committee. Drilling for oil in
Alaska’s undisturbed
wilderness is a fundamental
part of President Bush's
energy proposal.

Oil processing plants in the oil
field co-owned by BP, Coneco
Phillips and Exxon Moblie have
been shut down due to the
spill.  The North Slope oil fields
produce about 230,000 barrels
of oil a day.           
it's all true
redstat
one nation, under surveillance
Job growth following
recessionary periods
3.5



3



2.5



2



1.5



1



0.5



%
1986    ~   1995   ~    
2005
Credit Card Payment Generates
Unusually High Rate of Interest
A retired couple found their personal
financial transactions the subject of
an investigation by the Department of
Homeland Security after they made
an unusually large payment on their
credit card account.

Walter and Deana Soehnge of
Scituate, Rhode Island, sent a check
for $6522 to pay down the balance
on their JCPenney Platinum
MasterCard. But because the
payment was so much larger than
their previous average payment, the
company was required by law to
notify the DHS of the suspicious
transaction. Revisions to the Bank
Privacy Act enacted in the wake of
the September, 2001 terrorist attacks
mandate notification of federal
authorities in the event of any
unusual
transactions.

When the Soehnges checked online
to see if their account had been
credited,
they were surprised to find that it had
not. Phone calls to the credit card
company were unhelpful, as
employees attempted to conceal the
reason that the account had been
frozen.

Eventually the DHS concluded their
investigation of the Soehnges and
the money was freed and credited to
their account. The couple received
no explanation or compensation for
their inconvenience. Walter Soehnge
has a new appreciation for the scope
and breadth of anti-terror legislation:
“It’s scary how easily someone in
Homeland Security can get
permission to spy."

Spokesmen for the DHS confirmed
the existence of a program to review
suspicious transactions, but refused
to address the specifics of the
Soehnge's
case.                                  
it's all true
source: Bureau of Labor
Statistics
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Links of the Week

GAO report on factors
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military truck armour in the
current conflict

The Bill Evans Web Pages:
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National Oceanographic and
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Sea Levels Online

Photo gallery of Iridescent
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'Strategic Jesus' Always Wears Body Armor While Healing the
Afflicted
A Strategy Research Project by Lt.
Col. Gregg F. Martin called “Jesus
the Strategic Leader” has been cited
in recent Army Journal articles and
footnoted in military strategy
research projects.  Lt. Col. Martin’s
2000 research project was written as
part of course work at the US Army
War College in Carlisle, PA.  Martin’s
thesis is that studying the life of
Jesus as set forth in the biblical tract
called ‘The Gospel of Mark’ “reveals
a pattern of behavior that is
extremely useful and relevant to the
modern strategic leader”.

While many people regard the life of
Jesus to be a lesson in compassion
and
peace, Martin sees Christ as a
“phenomenal strategic leader” who
“got down in the trenches and served
the troops.”  Martin, who has spent
over 20 years in the US Military, says
that Jesus was a “warrior in the best
sense of the word.”  

Martin reports that Jesus teaches
leaders to “pick (their) fights and
battles carefully", and to be certain
that they understand the “larger
strategy and mission before you
engage”.  Jesus, Martin states, had
an “excellent situational awareness
and understood
his enemies” and at times used
“mental Judo” while attacking
adversaries.  

Martin does not discuss how his
analysis squares with Jesus’
proclamation “blessed are the
peace makers” or advice to “love
your enemies”.  Martin does,
however, warn his readers that
adhering to his military exegesis
of the New Testament “may
alienate close friends and family”
and to be “prepared for rejection”.
                          
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Allah Finally Able to Get E-Mail Account, Still Working on Instant
Messenger
When Linda Callahan was having
difficulty setting up an e-mail account
with Yahoo she asked her son Ed to
help out.  Ed attempted to establish an
account using variations of both his
and his mother’s name and was
unable to secure an e-mail account.  
None of the names he tried  had been
taken; Yahoo just wouldn’t accept any
combination he tried.

It was then that Ed realized that his
family name, Callahan, contained the
Muslim word for God, Allah.  Yahoo
accepted user names that contained
the
words Jesus, Buddha, God and
Satan, but the company would not
allow an e-mail account with the word
Allah in the address.

Callahan contacted Yahoo who did
not dispute that they had such a
policy.  Yahoo advised Callahan that
“a number of people registered for
IDs using specific terms with the sole
purpose of promoting hate”.  Yahoo
had previously disallowed another
Callahan and a person named
Kallahar from registering e-mail
accounts that contained their
family name. Yahoo has had the
policy since 2001.

After Callahan’s story was publicized in local
newspapers, Yahoo relented and decided to
reverse their policy of barring user accounts
that contain the word Allah.  Callahan, who said
“too many people think that Muslims are
terrorists and that the ‘war on terror’ is a war
on Muslims”, registered a new Yahoo e-mail
account; allah_in_Callahan@Yahoo.
com.                           
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redstateupdate.net
verbatim                                                                        8.6
We actually misnamed the war on
terror. It ought to be the Struggle
Against Ideological Extremists Who Do
Not Believe in Free Societies Who
Happen to Use Terror as a Weapon to
Try to Shake the Conscience of the
Free World."       
Washington  DC      08.06.04