THE PROGRESS REPORT
by Christy Harvey, Judd Legum and Jonathan Baskin
January 11, 2005
GUANTANAMO
The Worst of the Worst
Three years after America opened its prison camp at Guantanamo Bay to house "the worst of the worst" from Iraq and Afghanistan, not one prisoner has been formally convicted of a crime and "only about 25 per cent" of the 550 inmates are still of intelligence value. The U.S. Supreme Court has ruled against the Bush administration's contention it could hold prisoners indefinitely without trials and the camp's image has been marred by allegations of abuse and torture. "The camp itself has become, to many, "an affront to American values." For human rights groups, such as Human Rights Watch and Amnesty International, "Guantanamo has become an icon of lawlessness, a symbol of the US government's attempts to put itself above the law."
NO INTELLIGENCE: Until now, "Pentagon officials and officers at Guantánamo Bay have said that the prisoners' significance is based on their value as sources of intelligence on terrorism," but officials scanning the camp on its third anniversary admit most of the 550 prisoners held at Guantanamo are no longer considered "of significant intelligence value." After sorting through the prisoners, intelligence chief Steve Rodriguez put it succinctly: "the majority of the individuals here are not of intelligence interest to me,'' he said, "declining to say whether they had nothing to offer in the first place or had been fully debriefed."
THE ENEMY COMBATANTS: Devoid of intelligence value, Pentagon authorities have long maintained that the Guantanamo inmates deserve to be held because they are "enemy combatants," many of whom remain "committed to indiscriminately killing American civilians and soldiers." That statement, among others, appears dubious now. According to various sources, "several dozen detainees sent to Guantanamo were simply farmers, taxi drivers, and laborers with no meaningful ties to the Taliban or al-Qaeda-not the enemy combatants the Bush Administration claimed." About 200 have been released, and many more are now being transferred back to their home countries. "An Air Force colonel chairing one review board said last week that his panel had found 14 men, among 82 prisoners he was assigned to review, who didn't meet the Pentagon's own standard for an enemy combatant."
LEGAL PROBLEMS: The few attempts by authorities to try Guantanamo inmates have fallen apart for lack of evidence and a failure to follow the law. The government has tried to prosecute four low-level al Qaeda suspects in military commissions, "but US District Judge James Robertson blocked that process when he ruled in November that bin Laden driver Salim Ahmed Hamdan, 34, could not be tried unless a competent tribunal decided he was not entitled to protections under the Geneva Conventions for prisoners of war. Robertson also ruled Hamdan...cannot be tried unless commissions conform to the US Uniform Code of Military Justice, including the need to charge and try suspects in a timely manner and the right to confront witnesses." The military also has seen three of its four cases of alleged spying at Guantanamo Bay fall apart. Then again, Defense Secretary Rumsfeld has admitted the Pentagon's interest is "not in trying" Guantanamo inmates, since this might result in their being let out.
ABUSE AND TORTURE: Guantanamo's three-year history has been marked by allegations of abuse and torture, stemming from President Bush's decision -- on the advice of Attorney General nominee Alberto Gonzales -- that Gitmo detainees would not be protected by international treaties prohibiting torture. Internal FBI memos and e-mails released recently show methods used at the camp included leaving prisoners "in their own feces," chaining them "in ice-cold or super-hot cells" and exposing them to sensory deprivation, beatings and terrifying dogs. The documents show the abusive methods "were known to a wide circle of government officials," with one agent claiming explicitly that his technique has been "approved by the DepSecDef," referring to Deputy Secretary of Defense Paul Wolfowitz.
GUANTANAMO'S FUTURE: Despite being of no intelligence value, "most of the 550 prisoners from 42 countries at Guantanamo are not expected to be freed soon -- some because of stalled legal proceedings, others because they allegedly still pose a threat to the United States or its allies." AP reports the U.S. government will seek funds for a $25 million permanent facility at Guantanamo. But the real future of U.S. detentions may relate to what the Washington Post called the "prison within a prison" run by the C.I.A., which allegedly shared space with the Defense Department's more high-profile camp at Guantanamo. That camp was reportedly part of a group of undisclosed C.I.A. detention centers around the world, an "American gulag of prisons and prisoners without names and cells without numbers." There, suspected terrorists could be held and abused for years with no public exposure and no access to the courts.
EHRLICH
The Vindictive Veto
For weeks, the Maryland legislature negotiated with health care professionals to hammer out medical malpractice legislation to reform the state's health care system. Last week, they came up with a compromise bill backed by doctors, hospitals and even trial lawyers. But, waving a copy of the bill with the word "VETO" stamped on it, a grandstanding Maryland Gov. Robert Ehrlich shot it down. The legislation passed by the Assembly would require mediation before a malpractice suit could be filed; cut the amount insurance companies could raise premiums; lower the cap on non-economic damages in wrongful death cases; set up stricter standards for expert witnesses and improve the system for reporting medical errors. Dr. Willarda Edwards, president of the Maryland Medical Society, said this bill "will enable physicians to continue to care for their patients." Calvin Pierson, president of the Maryland Hospital Association, agreed, charging, "The bill gives relief to physicians." Both chambers of the Maryland Assembly passed the legislation with a veto-proof majority; chances are good they will override the veto this afternoon.
CLOSING THE LOOPHOLE: Before the holiday, Ehrlich called lawmakers into a special holiday session to come up with legislation to protect doctors from seeing a double-digit increase in their insurance premiums. The state legislature burned the midnight oil and produced a plan to protect doctors from the increase that would be accepted by all parties. So why veto the bill? One word: taxes. Here's the situation: Legislators want to pay for the reforms by closing a tax loophole and instituting a 2 percent premium tax on HMOs. Currently, all other insurance groups pay a 2 percent premium tax. In the 1970s, HMOs were exempted from paying the rate as Congress tried to foster growth in that industry. Today, about 30 other states have closed that loophole and removed that exemption. Ehrlich doesn't want the loophole closed. "Unfortunately, this administration cares more about corporate profits than it does about the health care needs of Maryland citizens," said House Speaker Michael E. Busch.
CUTTING PREMIUMS: Ehrlich is also in a snit because the compromise legislation doesn't enact more limits on malpractice lawsuits, which he claims are responsible for driving doctors out of practice. Not so. Analysis by the Congressional Budget Office found capping medical malpractice would affect private health insurance premiums by a measly one half of one percent. According to experts, however, the only certainty when it comes to lowering health costs is cutting insurance premiums themselves. The Maryland compromise bill cuts insurance premium increases this year from 33 percent to 5 percent.
THE SCORECARD: For the bill: The Maryland Hospital Association, which represents more than 7,000 doctors. The Maryland Medical Society, which represents about 50 facilities. The Maryland Citizens Health Initiative. Trial lawyers. The Maryland House. The Maryland Senate. Against the bill: The American Insurance Association, the Washington industry group which looks out for the industry lobby. Ehrlich.
THE PETTY VENDETTA: After the Baltimore Sun was critical in its coverage of some of Ehrlich's policies, the governor's press office banned all state employees from speaking with the Sun's bureau chief, David Nitkin, or columnist Michael Olesker, although the state's attorney general claimed they "remain free...to attend press conferences." When the governor recently issued an "invitation-only press briefing" to discuss this medical malpractice legislation, however, Nitkin's invitation must have been lost in the mail. And last week, the governor's press secretary barred Nitkin from a press briefing, and he was told it was "private." (All other reporters were allowed in.)
Under the Radar
SOCIAL SECURITY -- IT'S HIS PARTY, BUT THEY'LL OPPOSE IF THEY WANT TO: Social Security is not in crisis. This glaring fact is leaving many Republicans facing their own crisis: a crisis of conscience. Appease the president by supporting a privatization scheme that is unwieldy and unsound, or protect the interests of constituents and ensure that Social Security benefits are not unnecessarily cut in the name of conservative ideology? Thankfully, many GOP members of Congress seem to be choosing the latter as they, like many others, are highly skeptical of "the political wisdom of President Bush's vision for restructuring Social Security." Rep. Bob Simmons (R-CT) begs the question, "Why stir up a political hornet's nest...when there is no urgency?" and continues on to point out that there are "more pressing needs" to address. Still, the House Republican Conference seems intent on going down this questionable path; earlier this week they met with a New York consultant who has experience in selling products and messages. Someone should tell them that there is a bridge in Brooklyn that is up for sale as well.
STATE DEPARTMENT -- YOU WERE WRONG, CONGRATULATIONS!: In what has become second nature for the Bush administration, another individual whose controversial and incorrect assertions laid the base for the gear-up to the war in Iraq is now poised to be promoted to a top State Department job. According to officials who spoke on the condition of anonymity, Robert Joseph -- the National Security official now widely believed to be behind the line in the 2003 State of the Union that made the dubious intelligence claim that Iraq had sought to purchase uranium from Niger -- is "on the short list" to be named undersecretary of state for arms control and international security, "the nation's senior diplomat in charge of negotiating arms control treaties." Strongly backed by his former boss Secretary of State nominee Condoleezza Rice, Joseph would be the lead man in charge of U.S. arms negotiations with Iran and North Korea. However, there is fear that Joseph would drive the State Department even further to the right as he is a proponent of preemptive war and counterproliferation rather than nonproliferation. In reference to Joseph's potential promotion, Greg Thielmann, the State Department's former top analyst on weapons of mass destruction, put it best: "That's what they do for people who make mistakes in Iraq -- award them or promote them in the State Department."
HEALTH CARE -- GUESS WHAT? YOU'RE PAYING MORE: According to the Wall Street Journal, U.S. health care spending "grew more slowly in 2003 than it had in seven years, spurred by a slower rise in the public programs Medicare and Medicaid." Unfortunately, if you're like most Americans, you probably haven't noticed. That's because most individuals actually paid more for health care. Out-of-pocket spending for consumers "accelerated to a 7.6% pace in 2003." Why the discrepancy? A) employers shifted the burden, transferring more costs for health care onto employees and

a lot more people went without health insurance. The rising price of prescription drugs was also a factor: "Almost one-quarter of all out-of-pocket spending in 2003 was related to prescription drugs, compared with 17% in 1998."
MEDIA -- ARE THERE OTHERS?: Armstrong Williams last week became the first mainstream pundit exposed as a paid White House propagandist. Today's question: is he the last? The White House won't definitively say. Given the opportunity yesterday, an equivocating spokesman Scott McClellan finally refused to rule out the existence of other Williams-style contracts during a press briefing, instead saying, "I don't know of any...Obviously, decisions are made by individual agencies."
IRAQ -- ALLAWI'S PARTY OPENLY PAYING OFF REPORTERS: Interim Prime Minister Ayad Allawi's political alliance is getting a jump start on bringing freedom to Iraq's press, one cash-filled envelope at a time. In what the Financial Times dubbed a "throwback to Ba'athist-era patronage," the Allawi-led electoral group handed out money to journalists on Monday to "ensure coverage of its press conferences" in the run up to the Jan. 30 elections. The payments were "about equivalent to half the starting monthly salary for a reporter at an Iraqi newspaper," the Times reports, and one reporter who accepted the payoff "jokingly recalled how Saddam Hussein's regime had also lavished perks on favored reporters." Allawi's campaign alliance "is playing on its leader's reputation as a strongman," and Allawi himself is said to be an enthusiastic proponent of the creation of secret Iraqi death squads, an option now being discussed by Pentagon officials.
INAUGURATION -- STICKING THE NATION'S CAPITAL WITH THE BILL: The Washington Post reports that the White House, breaking from precedent, is "refusing to reimburse the District for more of the costs associated with next week's inauguration." Instead, federal officials are instructing the District to make up for the $11.9 million difference by diverting money awarded in federal homeland security grants. That means more money for parties, parades and feasting and less money for "increasing hospital capacity, equipping firefighters with protective gear and building transit system command centers."
GOOD NEWS
Hawaii joins 10 states in paying a few pennies to people who return beverage cans and bottles to recycling centers. The program is expected to "keep 80 percent [of beverage containers] from entering island landfills."
DON'T MISS
DAILY TALKING POINTS: Conservative Opposition to Social Security Privatization Mounting.
BUDGET: Larry Korb on the not-so-major Pentagon budget cuts.
IRAQ: More details on planned death squads.
LABOR: Laws go unenforced.
DAILY GRILL
"I'm not aware of any other arrangements of that nature."
-- White House Press Secretary Scott McClellan, on whether Armstrong Williams was the only journalist being paid by the administration, 1/10/05
VERSUS
"This happens all the time...There are others."
-- Armstrong Williams, to Nation Columnist David Corn.
DAILY OUTRAGE
The White House has finally reacted to findings that taxpayer-funded abstinence-only education programs were peddling "false and misleading information" to schoolchildren. It recently shifted oversight responsibilities for abstinence grant programs "to a new - and friendlier - agency within the Department of Health and Human Services," one led by abstinence-only advocate Wade Horn.