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Snuffysmith
Booz Allen Prepares for the Worst

By Elissa Silverman

Ray Thomas sits at Booz Allen Hamilton Inc. headquarters in McLean, asking about a consultant who has returned to Australia from work in China with a fever, achy muscles and a sore throat.

Does he have bird flu, which has killed 60 people in Asia and raised fears of a global pandemic? Should he be quarantined? Should particulate masks be distributed? What are the implications for Booz Allen's technology infrastructure?

And what if terrorists pose as caterers and set off bombs at company headquarters during a large conference? Where do the 4,500 Booz Allen employees go?

For now, these are tabletop exercises that Thomas, Booz Allen's master of disaster, has constructed, a planning device to keep the management consulting firm and its 17,000 employees around the world safe and working through hurricanes, ice storms and terrorist attacks. After all, people are the core asset of its business.

"Once you start realizing Booz Allen is a worldwide company and you're going to have the Bali bombings and you're going to have Madrid issues and you're going to have hurricanes -- hardly a month goes by that we're not on the phone collectively talking about something," said Gary Lance, the company's senior director of administrative services, referring to regular conference calls among senior executives focused on risk management.

Hurricane Katrina was another turning point for companies that might have made emergency planning a low priority. Three weeks after Katrina, Sodexho Inc., the Gaithersburg-based food services management company, still didn't know the whereabouts of about 250 of its employees, many of whom worked in cafeterias in the hurricane's path. As Hurricane Rita approached, it updated a contact list and gave employees a toll-free number. Government contractor Lockheed Martin Corp. also was prepared with an 800 number.

As for Booz Allen, it wasn't always so focused on risks to its own business, even though for years it has sold continuity-of-operations expertise to corporate and government clients, including the Defense Department. On Sept. 11, 2001, three Booz Allen consultants were in the Pentagon to brief an Army general. The company didn't realize until 24 hours later that its consultants had died in the attack that day.

The chaos of Sept. 11 pushed Booz Allen to go over its own business contingency plans, and at the end of 2003 the business assistance office was created with Thomas as its director. A former U.S. Army special forces officer, Thomas worked as a Booz Allen consultant to government agencies, including the Environmental Protection Agency and the National Communications System, working to keep crucial telecommunications infrastructure up and running.

Thomas's seven-person unit functions as Booz Allen's emergency management agency, establishing procedures for all types of disasters. "In a crisis, information tends to be the most limiting factor," Thomas said. So he established a weekly session for top-level executives to discuss crisis management and set up an incident response team in each satellite office to facilitate efficient on-the-ground response.

About 4:45 a.m. on July 7, Thomas was awakened by the London office, reporting that several bombs had exploded in the city's subway system. "I went into my den, got online, and watched CNN," Thomas said.

The London leadership went down the emergency contact list, accounting for staff. In the global consulting business, though, someone might be traveling through the city, laying over on the way to another client. So Thomas's team checked a database of travel itineraries before concluding that no employees were affected. The traveler tracker also came in handy during last December's tsunami, when the firm was able to verify that two staff members vacationing in Southeast Asia were safe and sound.

Thomas takes an all-hazards approach, setting up a crisis management infrastructure that is adapted for each situation. "A one-size-fits-all approach doesn't work for our corporate structure," Thomas said. For remote offices, Thomas meets with local leaders to make emergency plans specific to the area.

In San Francisco, where the threat of a devastating earthquake always looms, Booz Allen has met with building managers and distributed pocket-size information cards to employees containing emergency contact information. The Gulf Coast offices, including two in New Orleans, had plastic sheeting ready to place over computers. Thomas has a biweekly phone call with managers in the Middle East to examine ongoing risks.

Before Ramadan began, Thomas reminded Booz Allen staffers in the area not to eat in public places during the day, to respect the daily fasting. "We advise them to stay off the roads certain times, especially around sunset," Thomas said. "A lot of times traffic is more of a risk than terrorism."

The company also taps outside contractors, including a firm that assesses travel risk; a global medical emergency specialist; and a message service, which can immediately send out alerts by phone, e-mail and BlackBerry.

Booz Allen has conducted three avian flu exercises and has considered other measures including stockpiling doses of Tamiflu, but decided against that after reading reports from the World Health Organization that the bird flu strain is resistant to the drug. The company has also examined methods of decontamination and looked into purchasing particulate masks.

And in case bird flu forces everyone to work from home, Thomas said, the firm has made sure its information technology infrastructure can handle thousands of remote users.

Earlier this year, a small fire at Booz Allen headquarters offered the company a real-life test.

"You're much more likely to be caught in a building fire than as a victim of terrorism," said Thomas, who noted all evacuated safely. "We want people to have an understanding of what the real risks are."


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Snuffysmith
For GOP, Election Anxiety Mounts

By Charles Babington and Chris Cillizza

Republican politicians in multiple states have recently decided not to run for Senate next year, stirring anxiety among Washington operatives about the effectiveness of the party's recruiting efforts and whether this signals a broader decline in GOP congressional prospects.

Prominent Republicans have passed up races in North Dakota and West Virginia, both GOP-leaning states with potentially vulnerable Democratic incumbents. Earlier, Republican recruiters on Capitol Hill and at the White House failed to lure their first choices to run in Florida, Michigan and Vermont.

These setbacks have prompted grumbling. Some Republican operatives, including some who work closely with the White House, privately point to what they regard as a lackluster performance by Sen. Elizabeth Dole (N.C.) as chairman of the National Republican Senatorial Committee, the group that heads fundraising and candidate recruitment for GOP senators.

But some strategists more sympathetic to Dole point the finger right back. With an unpopular war in Iraq, ethical controversies shadowing top Republicans in the House and Senate, and President Bush suffering the lowest approval ratings of his presidency, the waters look less inviting to politicians deciding whether to plunge into an election bid. Additionally, some Capitol Hill operatives complain that preoccupied senior White House officials have been less engaged in candidate recruitment than they were for the 2002 and 2004 elections. These sources would speak only on background because of the sensitivity of partisan strategies.

Historically, Senate and House races are often won or lost in the year before the election, as a party's prospects hinge critically on whether the most capable politicians decide to invest time, money and personal pride in a competitive race. Often, this commitment takes some coaxing.

That is why Dole met twice with Rep. Shelly Moore Capito (R-W.Va.) and a third time with Capito and her father, former governor Arch A. Moore Jr., in an effort to persuade her to take on Sen. Robert C. Byrd (D). Bush won 56 percent of the vote in West Virginia last year, making many think Byrd, who will turn 88 next month, can be halted in his bid for a record ninth term. But last week, Capito said she has decided to stay put and seek election to a fourth House term.

Last month, White House political strategist Karl Rove flew to Bismarck to implore the North Dakota's popular Republican governor, John Hoeven, to challenge Sen. Kent Conrad (D). Rove could argue with some compelling numbers: Bush won 63 percent of the state's presidential votes last year, and Hoeven trounced his Democratic opponents in 2000 and 2004. But the governor said no thanks, and Republicans concede they have no strong second choice.

Perhaps no state has frustrated the GOP elite more than Florida, where Sen. Bill Nelson (D) is trying for a second term after winning his first with 51 percent of the vote. After failing to persuade Rep. Katherine Harris to stay out of the race, GOP leaders began a public search for an alternative candidate. State House Speaker Allan Bense was courted by Florida Gov. Jeb Bush ® before bowing out. Dole took a private plane to New York in an unsuccessful attempt to persuade conservative commentator and former Florida representative Joe Scarborough to make the race.

Many Democrats and some independents revile Harris for the role she played, as Florida secretary of state, in favoring George W. Bush in the 2000 recount process. But she has enough hard-core conservative fans to scare away other Republican Senate hopefuls, and Democrats are gleefully watching the dispute roil their rivals.

No Republican who has opted out of a 2006 candidacy has publicly cited the level of support from national Republicans or the general political environment as a reason. Potential candidates have a variety of factors figuring into whether to make a race. Still, to some analysts, the decisions suggest deeper currents at work.

"Is it poor recruiting or a bad environment? Probably both," said Jennifer Duffy, who tracks Senate races for the independent Cook Political Report.

A senior Republican familiar with the recruiting process agreed that the climate has shifted for the GOP because of a confluence of problems from Iraq to Hurricane Katrina and high gasoline prices: "Looking at polls from June or July and then looking at them now, the deterioration is really bad."

Another Republican, pollster Tony Fabrizio, said a recruiting chill was inevitable. Candidates "aren't stupid," he said. "They see the political landscape. You are asking them to make a huge personal sacrifice. It's a lot easier to make that sacrifice if you think there's a rainbow at the end."

Fabrizio accepts the general consensus among political prognosticators that Republicans are likely to keep their Senate and House majorities, in part because there are relatively few open seats, and Democrats must defend seats in many places that have been trending Republican. But he and others say the hope from earlier this year of fortifying these majorities is now considerably more remote.

The GOP holds 55 Senate seats, but unless the political climate brightens considerably in the next few months, some strategists and analysts believe the next Senate may resemble the one after the 2002 election, when Republicans held the narrowest of majorities.

In part this is because Democrats have seemingly found their stride as Republicans are stumbling in the recruiting race. Since Sept. 1, Democrats have lured their preferred candidate, Missouri state Auditor Claire McCaskill, to take on freshman Sen. James M. Talent ®, and have done the same in Arizona, where former Democratic Party chairman Jim Pederson, a wealthy developer, is poised to challenge two-term Sen. Jon Kyl.

Republicans will also struggle to hold on to Pennsylvania, where recent polls show state treasurer Bob Casey Jr. with a substantial lead over two-term Sen. Rick Santorum. In Rhode Island, liberal Republican Sen. Lincoln D. Chafee is being challenged by Cranston Mayor Stephen Laffey in the party primary, prompting the NRSC to run TV ads attacking Laffey. Democrats hope the survivor will be too bloodied to win the general election in a state that Bush lost by 20 percentage points.

Dole can count some successes. She was hoping Mike McGavick, the former chairman of Safeco Corp., would take a fight to Sen. Maria Cantwell (D) in Washington, and he is. In Minnesota, she scored her first choice, Rep. Mark Kennedy ®, to run for retiring Democrat Mark Dayton's seat, and cleared the GOP field for him.

But in Michigan, the White House and the NRSC moved quickly to persuade Rep. Candice S. Miller ® to take on Sen. Debbie Stabenow (D). After Miller refused the entreaties, attention turned to David A. Brandon, Domino's Pizza Inc. chief executive, as the Republican candidate of choice. Brandon, too, told Republican recruiters no. After Vermont independent Sen. James M. Jeffords's retirement announcement earlier this year, Gov. Jim Douglas ® came under considerable pressure to run for the Senate but resisted. Until 10 months ago, then-Gov. Mike Johanns of Republican-leaning Nebraska was the GOP's hands-down choice to challenge incumbent Democrat Sen. Ben Nelson, but then Bush appointed him secretary of agriculture.

It is the NRSC's fundraising that some GOP operatives find underwhelming. At the end of August, the NRSC had raised $25 million, just a little less than its counterpart, the Democratic Senatorial Campaign Committee. But the DSCC has twice as much cash on hand, $16.7 million to the NRSC's $8.2 million.

Brian Nick, NRSC spokesman, said this fall's gloomy forecasts will give way to brighter skies next year. "We feel very, very strongly that we're going to be able to protect the majority where it is right now," with no erosion, he said. After all, Nick noted, "the election is over a year away."

On the House side, where Republicans hold 231 of the 435 seats, the effect of the political climate on recruiting is less clear. Democrats and Republicans can point to successes in individual races, but no clear national pattern has emerged, analysts say.

Democratic Congressional Campaign Committee Chairman Rahm Emanuel (Ill.) says 50 or more seats are in play and notes that his organization has recruited 40 candidates in competitive districts. His GOP counterpart, Rep. Tom Reynolds (N.Y.), says 27 to 37 seats could be close fights. "We will be a majority" after the 2006 elections, vowed the chairman of the National Republican Congressional Committee.


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Snuffysmith
Pandemic Preparedness

SCIENTISTS AT THE Centers for Disease Control and Prevention in Atlanta announced last week that they had reconstructed the genetic code of the flu virus that killed at least 50 million people in 1918. Meanwhile, administration officials are preparing a plan to bolster U.S. preparedness for another pandemic. These two facts are related: The more that is understood about the 1918 flu virus, the more similar it appears to the avian flu that has recently killed millions of birds, as well as some 60 people, in Asia. So far, the avian flu virus has jumped from birds to humans, but not from person to person. If that changes, this flu could be as deadly as -- or, given the speed of modern travel, more deadly than -- its predecessor. This is a potential disaster that, like the hurricane that devastated New Orleans and the Gulf Coast, has long been anticipated. Also as with Hurricane Katrina, it is one for which the U.S. government is not prepared, as Mike Leavitt, the Health and Human Services secretary, acknowledged last week.

It's a good thing that Mr. Leavitt recognizes the problem. Unfortunately, it isn't clear that everyone in the administration understands it. It was disturbing to hear the president ruminate on the use of military troops for mass quarantines. That comment -- conjuring images of soldiers shooting as sick people try to cross a cordon sanitaire -- could have been a scare tactic. In fact, there is no legal, let alone ethical, means of enforcing mass quarantine in this country, and flu viruses, which don't always produce symptoms in the early stages, wouldn't obey them if there were.

So far the administration has concentrated on buying quantities of Tamiflu, an antiviral that looked as if it would be effective against avian flu but now, as the virus has mutated, might not be. There is also talk of U.S. help for surveillance teams in Asia, which is a good thing -- Mr. Leavitt is off to Asia this week -- but still insufficient, given the scant resources of the World Health Organization. Though many people assume otherwise, the WHO does not have thousands of employees who can be deployed to Asia on short notice, and it does not have vast stockpiles of Tamiflu or anything else.

The solution lies not in antivirals but in a vaccine that could be tailored, relatively quickly, to whatever form the virus takes, as well as help for U.S. hospitals, which are filled to capacity. The administration is aware of the former problem; the president met Friday with vaccine manufacturers, and the National Institutes of Health has been conducting vaccine research. But legislation is needed to facilitate research and rapid production of vaccines. That's a difficult task, given that American pharmaceutical companies, scared off by liability issues and low profits, no longer make vaccines at all.

Some in Congress have been working on a successor to last year's failed Bioshield legislation, which was intended to break the vaccine deadlock. Sens. Orrin G. Hatch (R-Utah) and Joseph I. Lieberman (D-Conn.) have introduced Bioshield II, which would absolve vaccine manufacturers of liability and give them patent incentives to produce vaccines. Sen. Richard Burr (R-N.C.), chairman of the bioterrorism and public health preparedness subcommittee, has announced his intention to introduce an innovative bill that would set up an agency, similar to the Defense Advanced Research Projects Agency, to invest in early research into drug and vaccine development in conjunction with the private sector.

The president should embrace this idea. It is also time to look again at the nation's medical emergency response systems, to examine again how doctors would be sent around the country and to involve hospital administrators in the discussion. Even if the avian flu never produces a pandemic, the country would be better prepared for whatever virus comes next.


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Snuffysmith
Specter to Press Miers in Hearings

By Christopher Lee

Supreme Court nominee Harriet Miers will get a thorough vetting by the Senate Judiciary Committee, the panel's chairman said yesterday, adding that critics of President Bush's pick have pilloried the nomination before giving Miers a chance to be heard.

"What you've had here . . . is not a rush to judgment -- it's a stampede to judgment," said Sen. Arlen Specter (R-Pa.) on ABC's "This Week." "She's faced one of the toughest lynch mobs ever assembled in Washington, D.C., and we really assemble some tough lynch mobs."

The nomination of Miers, 60, the White House counsel and a longtime associate of Bush, has been condemned by some conservatives who bemoan her lack of a judicial track record and say she is hardly the most qualified person for the seat being vacated by retiring Justice Sandra Day O'Connor. Miers was a corporate lawyer and has never served as a judge.

Specter said he would press Miers "very hard" on her approach to legal issues such as whether the Roe v. Wade abortion decision is settled law, and on whether she has privately given anyone assurances on how she would vote on the bench. He will even ask to see her law school transcript from Southern Methodist University because "academic standing is relevant," he said.

Specter and Vermont Sen. Patrick J. Leahy, the committee's ranking Democrat, said they intend to follow up on a comment by Focus on the Family founder and chairman James C. Dobson that, based on conversations with White House adviser Karl Rove, he believes she opposes abortion and would be a good justice.

"This is a lifetime appointment," Specter said. "If there are backroom assurances and there are backroom deals, and if there is something which bears upon a precondition as to how a nominee is going to vote, I think that's a matter that ought to be known by the Judiciary Committee and the American people."

Leahy said he would oppose any nominee who gives assurances about how he or she would vote on particular cases. "I would vote against that person," he said. "I wouldn't care whether they are nominated by a Democrat or a Republican. . . . And all 100 senators should vote against them under that basis alone."

Leahy said Miers has told him that she has given no such assurances. Specter said he does not believe she has either.

Nathan L. Hecht, a Texas Supreme Court justice who has dated Miers on and off for years, said yesterday that Miers has been an abortion opponent for 25 years but would decide cases based on legal merits, not personal views.

"Legal issues and personal issues are just two different things," Hecht said on "Fox News Sunday." "Judges do it all the time."

That provided no comfort to conservative activist Gary Bauer, a critic of the nomination who appeared on the same program.

"I'm confused here," Bauer said. "I can't tell whether Judge Hecht is arguing that she is going to overturn Roe or she's not going to overturn Roe . If he wants to reassure his fellow pro-life conservatives, that's the last argument he should be making, the argument that he just made."


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Snuffysmith
House Of Cards

By April Witt

The caller lied easily. He'd had practice. It was Raymond Reggie, a New Orleans businessman and Democratic activist who happened to be Sen. Edward Kennedy's brother-in-law. He also happened to be in a lot of trouble.

Reggie was calling for David Rosen, a Chicago-based political fundraiser. When Rosen's receptionist asked his name, Reggie responded, "Tell him it's his only friend in the whole wide world from Mardi Gras Town, U.S.A."

Reggie wasn't David Rosen's friend. Rosen just didn't know that yet.

This was August 29, 2002. Reggie was telephoning at the request of the FBI, to which he was beholden because of a spectacularly unsuccessful attempt at bank fraud. The bureau had Reggie on a hook and was using him as bait to try to prompt Rosen, a top fundraiser for Hillary Clinton, to implicate himself in a violation of federal election law. Rosen had no idea the FBI was secretly recording the call when he came on the line and heard his purported pal joke about the piped-in radio programming he'd endured on hold.

"Have you contemplated possibly just putting some jazz on?" Reggie teased.

"Yeah," Rosen said. "But I won't do it. I'm a stubborn NPR guy."

Rosen, then 35, was stubborn in a sunny, likeable Midwestern way. He had a stubborn faith in his ability to succeed through hard work, stubborn loyalty to his friends and a stubborn certainty that electing Democrats was good for the country. The boyish-looking Rosen once sold books door to door, a tough line of work in which only the resilient thrive. The experience left Rosen a valuable political property: a man unembarrassed to smile and ask anyone anywhere to write a check. Rosen had been national finance director of Hillary Clinton's 2000 Senate campaign, at the time the most expensive U.S. Senate campaign in history. In all, he'd helped raise roughly $100 million for Democratic candidates from the ward to the White House. He had every reason to expect fellow Democrats like Reggie might be grateful.

Instead, a deceptively jocular Reggie steered their phone conversation in a direction that his FBI handlers hoped would lead to damaging confessions: toward a mutual acquaintance named Aaron Tonken. An operatically manic Hollywood charity fundraiser, Tonken was so high-strung that Rosen liked to joke the guy was tri-polar. Tonken had facial tics as pronounced as his chutzpah. From nothing but gall and patter, Tonken had crafted an image of himself as the ultimate celebrity wrangler, able to deliver performers from Red Buttons to Natalie Cole to lend glitz to fundraising events. Tonken had been the force behind the Hollywood Gala Salute to President William Jefferson Clinton -- a star-studded August 2000 benefit for Hillary Clinton's successful Senate campaign.

It was Tonken who had arranged for an Internet entrepreneur named Peter Paul to co-host the gala. But Paul turned out to be a convicted felon. Not long after the gala, the media company Paul co-founded collapsed amid allegations of securities fraud. Paul hopped a plane to Brazil without so much as a presidential pardon in his suitcase. Sore, he sued the Clintons -- and Rosen, too -- alleging he'd spent nearly $2 million producing the gala -- five times more than campaign officials told the Federal Election Commission that the gala cost in donated goods and services. The reason Paul gave in his lawsuit for his generosity was even more startling: He wanted to buy access and influence and to entice the president to work for his company after leaving office. The Clintons, through their lawyer, denied any wrongdoing and fought unsuccessfully to extricate themselves from Paul's civil suit.

The plot and characters surrounding the Hollywood gala sounded like a darkly comic movie, a send-up of greed and corruption. Except that Paul's allegations of failed influence peddling had inspired real, live G-men to start investigating who had paid for the gala, how much and why. Now those FBI agents had made Kennedy's brother-in-law a bit player in the unfolding drama.

Reggie's faux-friend performance on the phone didn't yield incriminating statements. Rosen told Reggie he had no idea that Tonken had run up gala costs by catering to stars' demands for expensive perks in exchange for "donating" their performances at the gala.

"We would have had to report that" to the FEC as a campaign contribution, Rosen said as the FBI recorder spun.

"I mean, I knew he was doing shady [expletive], like saying to Cher, 'Cher, the president just called me and he needs you to perform "If You Could Turn Back Time" in between Diana Ross and before the . . . .' Then he'd call Diana Ross: 'The president just called me, and we need you to go before Cher's "If You Could Turn Back Time."' And he'd mention, like, specific songs that the president was requesting. That's how he got a lot of them . . . It turned out to be some shady [expletive]. But who knew?"

"Who knew?" turned out to be a $1.176 million question. Federal law enforcement officials eventually confirmed that the gala, night of a thousand egos -- when Cher sang "If I Could Turn Back Time," the president cried for the cameras and con artists hobnobbed with the most powerful couple in the world -- cost somebody at least $1.176 million to produce. Yet Hillary Clinton's joint fundraising committee eventually reported that the gala cost just $401,419 in donated goods and services.

Who knew? Did the Clintons know that all that love Hollywood-style had come with such a big price tag? In the end, the only person prosecutors charged with causing false federal election reports to be filed was down the organizational chart: Rosen. An L.A. jury recently found him not guilty.

Maybe the FBI targeted and taped the wrong guy. Or maybe the real culprit was a political fundraising system with one essential truth: In the scramble to fund a major campaign, politicians don't want to scrutinize each check-writing hand for dirty fingernails. The strange saga of the gala brings new meaning to one of the more memorable slogans from the Clinton administration: Don't ask, don't tell.

"It ought to give chills to the average American," Paul says.

Aaron Tonken, a doctor's son from Alpena, Mich., rode into Hollywood in 1992 in a battered Buick wagon. He was 26 and had been hawking Indian jewelry in Arizona. He was, by his own account, a high school dropout with $750 in his pocket, attention deficit hyperactivity disorder, obsessive-compulsive disorder, and those tics, which made his eyes scrunch and his head jerk unpredictably. "I wanted to be famous," he recalled in an interview.

Tonken wasn't a looker, but he sure could talk. At 15, his fame obsession prompted him to lift Jackie O's private phone number from a friend and cold-call her just to chat with a celebrity. "She was surprised, but very gracious," Tonken recalled in his 2004 memoir, The King of Cons. "I did most of the talking."

Once in Hollywood, Tonken claims, he talked his way into a job picking up after Zsa Zsa Gabor and her two dogs. Tonken hated those messy pooches. He didn't like Zsa Zsa much more. Tonken says he sold unflattering stories about the aging star to a tabloid. When she went on vacation, his story goes, he cut a deal with a local tour company. For a total of $3,300, he let busloads of tourists into Gabor's Bel Air estate. "It was a sight: star-struck tourists wandering through the dilapidated mansion, expressions of awe mixed with pity, stepping over dog turds and swatting fleas," Tonken wrote. "They got their money's worth."

Fleeing the wrath of Zsa Zsa, Tonken needed a new home and job fast. He moved into a homeless shelter, where he received one meal a day and free therapy. He spent much of his time schmoozing poolside at the Four Seasons hotel, where networking prospects were much better than at the shelter, he said.

In 1993, a tabloid reporter introduced Tonken to Peter Paul, a former Miami lawyer who was managing celebrities and org-anizing fundraisers. Paul had what Tonken craved: a head full of celebrities' phone numbers. And Tonken had a relentless manipulativeness Paul found promising. "I gave him a telephone and a Rolodex, and the rest is history," Paul recalled in an interview.

Paul said he watched in amazement as his new protege curried favor with a family of New Mexican billionaires by lining up celebrities to appear at the daughter's wedding. Charlton Heston -- who didn't know the bride or her parents -- agreed to read Bible verses during the ceremony; the band Kiss played for the reception, Paul said. "When I saw that, I said, this kid has talent."

Soon, Tonken recalled, he was calling up celebrities and inviting them to be his guest at expensive restaurants he couldn't afford. Restaurant owners let him run a tab in exchange for his bringing in celebrities, which was good for business. Once one freeloading celebrity agreed to be his guest for dinner, Tonken simply dropped that name to rope in the next prospect, and his guest list grew.

"In a land of moral imbeciles, I knew I could be king," Tonken wrote in his memoir.

While still living in the homeless shelter, Tonken began organizing charity fundraising events. Tonken figured that a lot of wealthy people wrote checks to charity only if it enabled them to rub shoulders with stars; a lot of stars showed up to rub shoulders only if paid off with cash and gifts. Paying off stars meant less money went to the charities, but Tonken says nobody seemed to care, least of all Tonken. "I realized early on that stars are for sale," he wrote. "You could buy them with a watch. And I would . . . I call it taking from the needy to feed the greedy."

Soon Tonken was passing out so much bling to lure celebrities to his events that he ran up astronomical tabs at luxury retailers. He owed $1 million at Cartier alone, he claimed. "It was like I was on crack," Tonken said. "The spending was an addiction, just like any other, and I couldn't break the habit because the alternative was far more horrifying to me: losing my relationships with the stars."

By the late 1990s, Tonken was shifting money desperately from one charity account to another, and when he couldn't cover, borrowing from friends and loan sharks, he said. "I would take receipts from one event, pass them through a bogus account, and then use the money to meet obligations from a previous event," Tonken wrote. "That was not only illegal, it was crazy." Tonken described his life as one "very shaky house of cards." So, naturally, he decided to stack the cards higher. He got into politics.

While lunching with Natalie Cole in New York City in 1998, Tonken and the singer landed an invitation to a cocktail party at the Fifth Avenue penthouse of Denise Rich, a wealthy pal of the Clintons. Rich later figured prominently in the scandal over the last-minute pardon President Bill Clinton granted to her ex-husband, felonious financier Marc Rich. Soon Tonken was invited back to Rich's for an exclusive Democratic National Committee fundraising luncheon with the Clintons. To get in, Tonken said, he wrote a check for a $50,000 donation. Tonken didn't have the cash, so he stopped the check right after lunch, he said. A Democratic fundraiser phoned a few times to collect, then gave up, Tonken said.

Apparently, being a deadbeat didn't hurt Tonken's political prospects. Before long, Tonken was helping Rich and others throw Democratic fundraising events. He was on a first-name basis with then-DNC Chairman Ed Rendell, who once penned a note saying, "Aaron . . . You're the best!"

Turned out, Tonken decided, Washington worked a lot like Hollywood: Figure out what people want, and score it for them, and they won't ask too many questions.

Standing in the dining nook of his Chicago home, David Rosen tossed a pair of presidential cufflinks in the air and grinned.

"Chum," he said, using the fishermen's term for little pieces of bait thrown in the water to attract bigger fish. "In the fundraising world we call this chum. These presidential cufflinks cost a few dollars to make, and I've seen billionaires do back flips for them."

Even the most ideologically driven donors love chum, Rosen says -- presidential pens, commemorative paperweights, 8-by-10 glossies of them grinning next to a politician, any little souvenir of their proximity to power. And Rosen, a natural salesman who projects wholesomeness and cheerful intensity, likes to see his customers satisfied.

He grew up in Chicago's answer to the "Edelweiss"-singing Von Trapp family from "The Sound of Music." Rosen's mom, a former nun who married a Jewish pediatrician, led David and his three sisters in a singing group called the Rosebuds. The Rosebuds performed gratis at nursing homes, churches, synagogues and schools -- any place Mom thought the Rosebuds might brighten someone's day. Being a Rosebud didn't always brighten Rosen's day. Kids at school teased him, and neighborhood toughs beat him up for being Jewish.

But Rosen was resilient. At 16, he took a summer job as a counselor at a Wisconsin resort. He was so upbeat, so good at encouraging families to partake of resort activities, that the owner offered him a full-time job. Rosen dropped out of high school and began supporting himself. He got his GED and stayed at the resort a year and a half.

Rosen was an undergraduate at the University of South Florida -- paying his way by delivering pizzas -- when he spotted a posting that changed his life. Southwestern Co., a direct sales company in Tennessee, was looking for students to sell educational books door to door. The company has long been a training ground for politicians, including several governors and former independent counsel Kenneth Starr. Southwestern teaches disciplined personal habits -- rise early, dress neatly, work long hours, and never quit, no matter how much you feel like quitting -- along with practical sales techniques.

"We used to tape a $5 bill to the showerhead in our headquarters," Rosen recalls. "The alarm would go off. You leap out of bed. There would be three guys living together, and we would literally fight and tackle and run and cut each other off. You get to the shower, you are bleeding. But you get there first and get that $5 bill. It wasn't about the $5. It was about waking up in the morning getting ready to go."

In 1985, Rosen broke the company record for rookie sales. He left the university and stayed at Southwestern for a decade. By the time he left the company, Rosen said, he was making sales at one out of every 1.2 homes he visited.

He moved back to Chicago after his father suffered a heart attack -- and began to study political science at DePaul University. A professor arranged for him to volunteer with the Clinton-Gore campaign beginning in 1995. He turned out to be as good at asking for political donations as he was at selling books and quickly rose in Democratic fundraising circles. In 1999, Rosen, then 32, was tapped to be national fundraising director for Hillary Clinton's Senate campaign.

It was a job Rosen wouldn't have gotten, and couldn't have survived, if he hadn't spent a decade selling books, he said.

"Books for me are such a metaphor for the hard path, the romantic job, the adventure," Rosen said. Spending 13 hours a day knocking on strangers' doors, risking failure in order to

succeed, is a "lonely place at first," Rosen said. "Then it becomes a place you are comfortable. It instills great confidence . . .

"Someone once told me that they test tires on automobiles by driving them around the track at different speeds," Rosen said. "At 30 miles per hour, some flaws pop out. At 50 miles an hour, more flaws pop out. And at 120 miles an hour, most of the flaws really pop out. Over my 10 summers selling books, I was going 120 miles an hour. I was able to work out a lot of my flaws. I learned about my strengths."

He would need them. Rosen was about to travel warp speed down an unfamiliar road in a borrowed Porsche.

Peter Paul's life had spooled out like a B-movie, complete with the usual cliches: double crosses and death threats. So he was a natural to land in Hollywood. How he came within a Tinseltown air kiss of the leader of the free world is a little harder to fathom.

Paul began his career relatively conventionally as an international lawyer. But conventionality bored him. Paul had big ideas -- he once spearheaded efforts to build a world trade center in Miami -- and an entrepreneur's drive to turn schemes into empires.

In the late 1970s, Paul was convicted both of possessing cocaine with intent to distribute and conspiring to defraud the Cuban government of $8.75 million in a bogus coffee sale, court records show. Paul and his co-conspirators tricked the Cuban government into buying 3,000 metric tons of coffee beans from them, even though the conspirators didn't have the beans. They bought a freighter, allegedly to ship the beans, all the while planning to sink it -- holds empty -- and claim that the beans were lost at sea.

In an article in the Miami Herald at the time, Paul suggested that he defrauded Fidel Castro to entertain himself with "a surrealistic experience, something a little grandiose, on an international scale, which would be a very large practical joke . . ."

Paul pleaded guilty, but tried to convince the judge in the case that he suffered from "hypomania," and couldn't get proper psychiatric care behind bars. He was sentenced to eight years in prison for the cocaine charge, and three concurrent years for the coffee scam. He served 40 months.

In 1983, Paul violated parole by traveling to Canada under a false identity and ended up pleading guilty in federal court to making false statements to customs inspectors. Paul went to prison in California. When paroled, he stayed in California. The resourceful Paul reinvented himself as a civic leader and charitable fundraiser, helping run California's celebration of the U.S. Constitution's bicentennial. He was also a Hollywood manager, counting among his clients romance-novel cover boy Fabio and actor Tony Curtis.

But prosecutors would later allege that for all his powers of self-reinvention, Paul hadn't changed much.

In 1998, Paul co-founded Stan Lee Media, a Hollywood-based Internet animation studio. The company was named for Paul's business partner, Stan Lee, creator of Spider-Man and the Incredible Hulk.

Almost from the start, prosecutors alleged, Paul and a few co-conspirators manipulated the market for the stock of Stan Lee Media: They artificially inflated the stock to a peak value of $350 million, creating a false appearance of demand by making transactions through and between accounts that Paul controlled but maintained in the names of others. Paul and his co-conspirators misused the brokerage account to borrow more than $4 million from Merrill Lynch, money prosecutors say they used to buy real estate, travel and make political contributions. Stan Lee was never implicated in the scheme.

Meanwhile, Paul had teamed up with his old pal Tonken, the celebrity-besotted charity gala impresario, to help promote Stan Lee Media. The felon and the deadbeat set their political sights high -- to become pals with the president and first lady -- and they succeeded.

It was easy, they said. All it took was money.

Tonken was invited to attend a small dinner with President Bill Clinton and the first lady in February 2000 in Los Angeles, he wrote in his memoir. The price of admission: a donation of $30,000 to $55,000 if he wanted to sit next to the president, Tonken said.

Tonken had Paul write a check for $30,000. Tonken brought Olivia Newton-John along to sing at the dinner. From that moment on, "I was treated like gold . . . or maybe fresh meat," Tonken recalled.

In an interview, Paul also recalled that dinner as a turning point. He brought a video camera, hoping to memorialize a private chat with the president. Before Paul had his footage, Clinton tried to leave, escorted by Secret Service agents. But Tonken boldly blocked their exit, and cajoled the president to go back and talk to Paul, Paul recalled. Clinton did. "I was impressed," Paul said. "Aaron Tonken had done it again, but at the highest possible level. Here you have the commander in chief turning on his heels because Aaron says he has to talk to me on tape."

For Tonken, political connections quickly became his new "secret weapon," he recalled. The most inaccessible A-list stars would take his calls if he was inviting them to an event with the president.

Rosen said he met Tonken and Paul in June 2000, when Paul agreed to underwrite a lunch in L.A. for Hillary Clinton's Senate campaign. Days later, Tonken flew to Chicago to attend another fundraiser, and again brought Newton-John to sing. Afterward Tonken met with two of the president and first lady's close associates: Kelly Craighead, a White House employee who was the first lady's trip director, and James Levin, a Chicago businessman who socialized with the president. Levin later told FBI investigators and federal prosecutors that Craighead had asked him to help get a feel for whether Tonken was on the level.

Over drinks, Tonken said he wanted to produce a big Hollywood salute to the president on the eve of the upcoming Democratic National Convention. According to Tonken, Levin urged him to consider making the event a fundraiser for Hillary Clinton's Senate campaign. Levin did not respond to requests for an interview for this article.

Tonken returned to Los Angeles and tried to convince Paul that they could produce the gala for $500,000. Paul predicted it would cost more, but in the end, he agreed to help fund it -- if he got what he wanted out of it.

Levin flew to California to meet Paul, he later told federal investigators, then on to Washington to discuss the proposed fundraiser with the president.

"After discussing it with Levin, President Clinton agreed to be involved in the event," an FBI report on the agents' interview with Levin said.

Rosen worried that there wasn't enough time left to plan and execute a big Hollywood bash involving many celebrities, he said. Even a modest "parlor party" in a donor's home can take more than a month to plan and execute, and the convention was about five weeks away. But Rosen's instructions came down from on high, he said: Do the Hollywood event with Paul and Tonken.

Nobody warned Rosen that his new partners had such colorful pasts, he said. To avoid embarrassing liaisons, Rosen said, Hillary Clinton's Senate campaign staff submitted a donor's name to a three-member vetting committee of high-ranking campaign officials. The campaign also forwarded the name to the Washington law firm of Ryan, Phillips, Utrecht & MacKinnon to be further researched, he said. Donors preparing to host an event -- and emblazon their name on the invitations -- received the closest scrutiny, Rosen said.

Tonken and Paul were vetted and passed, Rosen said. The instructions he received regarding Paul, he said, were: "No remarkable information found. Proceed."

"The vetting process failed," Rosen said in an interview. "I was put in harm's way."

David Kendall, the Clintons' lawyer, said in an interview that the campaign's law firm simply ran Paul's name through LexisNexis, the electronic database of news articles and public records, and found no mention of his convictions.

Paul is scornful. Even if vetters for the campaign erred, the Secret Service, charged with protecting the president, wouldn't have, he said. "How ridiculous would that be?" Paul asked. "They had my Social Security number in February of 2000." Kendall counters that the Secret Service didn't work for or report to the Senate campaign.

The vetting process had at least one built-in flaw. Levin, the presidential pal asked to watch out for the Clintons' interests, later entered an agreement with prosecutors to plead guilty to defrauding the Chicago Public Schools in a bribery, minority-contracting fraud and bid-rigging scheme, court records show. At the time he was assessing Tonken's character, Levin was cheating schoolchildren by overbilling the public school hundreds of thousands of dollars for snow removal. President Clinton so relied on Levin's judgment, Levin later testified, that he asked the businessman to fly to Los Angeles and be his eyes and ears as gala plans unfolded.

Paul alleged in his civil suit against the Clintons, which is still pending, that Levin came to L.A. to broker a deal in which Clinton would serve on Stan Lee Media's board after he left office in exchange for $16.5 million in cash and company stockLevin acknowledged in his FBI interview that Paul discussed wanting the president to work for Stan Lee Media. But Levin said he never brokered a deal between Paul and the president.

Paul, who delights in pointing out that he couldn't have cared less if Hillary Clinton was elected to the Senate, insists he wouldn't have spent one penny on the gala unless there was something in it for him. "I could have bought a boat," Paul said in an interview. "I could have bought a plane. Instead, I tried to buy the services of an ex-president as legally as possible."

Rosen landed at Los Angeles airport on June 30, 2000, and took a cab to meet Tonken at Stan Lee Media's office. In the building garage, Tonken showed Rosen a Mercedes and a Porsche, Rosen said.

"I want you to drive one of my cars," Rosen recalled Tonken telling him. "Do you want the Mercedes or the Porsche? Take the Porsche."

"I took the Porsche," Rosen said.

"Follow me," Rosen recalled Tonken saying. Rosen did, all the way to the pink stucco Beverly Hills Hotel. During Hillary Clinton's Senate campaign, Rosen had been living in New York in a 9-by-11-foot rented room with a bathroom down the hall. In L.A., he planned to crash with a relative.

"This is one of the finest hotels in Beverly Hills," Rosen recalled Tonken telling him as they sat on plush cushions in the lobby. "I want you to stay here . . . I want to do this for you. You are going to be working so hard on this event. Please let me do this for you."

Rosen was getting the full Tonken treatment. "He's an incredibly convincing guy," Rosen recalled. "He's kind of a pig. He's a guy who might have bare feet in the Beverly Hills Hotel and order a sundae in the lobby. He is slovenly. He is rude. But there is something endearing about this guy that's hard to put your finger on. He was so good at knowing what you were thinking. If somebody was lonely or needed something, he knew. He was incredible the way he would worm his way into people's lives in a very deep, personal way."

Prosecutors would later argue unsuccessfully that Rosen's use of the luxury hotel and car should have been reported to federal election officials as a contribution to Hillary Clinton's campaign. Rosen contended that he viewed them as personal gifts. "I thought he was my friend," Rosen said. "It was a con."

It was no con, Tonken said in an interview; it was politics as usual. "It's called buying access," Tonken said. "I was able to get Mrs. Clinton on the phone when I wanted. Mrs. Clinton was wonderful to me, engaging and warm. It all seemed sincere at the time. I'm sure she did it because everyone was whispering in her ear: 'Money! See him!'"

The Hollywood gala was shaping up as $1,000-a-ticket concert followed by a $25,000 per-couple dinner with the Clintons. Stan Lee Media was the official underwriter, although Paul would later claim in his lawsuit that he paid personally.

Under federal election law at that time, individuals were prohibited from donating more than $2,000 to a specific candidate. That was commonly known as "hard money" and could go directly toward paying campaign expenses, such as buying TV time to tout the candidate explicitly. Campaigns also benefited indirectly from "soft money." That was money donors gave to more general entities that promoted parties, platforms or get-out-the-vote drives; it was exempt from the $2,000 limit.

The Hollywood gala was being sponsored by New York Senate 2000 Committee, a joint fundraising venture authorized by the Clinton for U.S. Senate Committee, the Democratic Senatorial Campaign Committee and the New York State Democratic Committee. Gala ticket sales would benefit all three, with the "hard money" going to the Clinton campaign. Any goods or services donated to produce the gala -- from erecting a stage to hiring an orchestra -- were required to be reported to the Federal Election Commission as a political contribution. Theoretically, running up expenses could result in less hard money being available to the Clinton campaign after all the divvying was done. But given the complex accounting that results from federal election law, it was almost impossible to know that in advance.

Anyone hoping to hold down gala expenses, just to be prudent, had to reckon with Tonken, the big spender, who was in charge of lining up celebrity guests and performers. To entice some stars to participate, Tonken, as usual, threw money at them: cash, trips, gifts, perks. "The money spout was fully open," Tonken wrote in his memoir.

As the gala neared, Tonken was spending so much money so fast that even he lost track of it, he said. Cher would come only if Tonken sent a sizable private jet, a Gulfstream III or IV, to ferry her, Tonken said. So he did, at a cost of at least $30,000.

The night of August 12, 2000, was balmy. A perfect moon and purple gel lights lit lemon trees and eucalyptus on the $30 million estate of Ken Roberts, an actor-turned radio magnate who offered his spectacular pad for the gala. "It was a magical night," Rosen recalled. The winding road up Mandeville Canyon was so jammed with Jaguars, BMWs and Mercedes that actress Shirley MacLaine joked that the gala should have been called Gridlock 2000. "I got here from the 14th century in less time then it took me to get up Mandeville Canyon," MacLaine, who famously believes in reincarnation, quipped.

On the lawn, the first family and paying admirers sat on souvenir directors' chairs emblazoned with the gala name and date. On stage, entertainers sang, joked and praised the president as reaction shots of the first family were projected on a giant screen.

A video of the event shows that the president chuckled when Cher admitted she didn't vote for him, and would sing "If I Could Turn Back Time" in apology. He sang along as Diana Ross belted out "Ain't No Mountain High Enough." He wiped away tears when Melissa Etheridge said that Clinton had brought such a spirit of openness to the land that she was inspired to announce during his inauguration festivities that she was gay.

Through it all, Paul sat beaming in the front row right next to the first family, photos of that night show. In one, Paul is at the president's right, with Clinton's hand resting familiarly on his shoulder. To Clinton's left, is Paul's wife, Andrea, a tall, striking blonde, a presidential arm wrapped tightly around her waist.

"It was the apogee of my career," Paul recalled.

Three days later, Rosen was at a party thrown by the Democratic National Convention chatting with a friend who worked for the DNC, when his companion received a message on his BlackBerry. The Washington Post's gossip columnist, then Lloyd Grove, had an item noting that one of the gala's producers, Paul, was a convicted felon. "Is Hillary Clinton soft on crime?" the columnist asked.

In a statement to Grove, Paul suggested that his conviction for defrauding the Cuban government in the coffee case was a covert U.S. government-sanctioned anti-communist action gone awry.

The next day, Grove published a new item: Federal Election Commission records showed Paul had personally donated $2,000, the maximum allowed, to the first lady's Senate campaign. A campaign spokesman quickly announced that, in light of revelations about Paul's criminal history, the campaign was sending Paul his $2,000 back.

Nobody mentioned returning the mega-bucks that the company Paul co-founded had supposedly just spent underwriting the gala.

Despite the embarrassing publicity, Paul did get nice thank-you notes from the president and the first lady. "Thank you so very much for hosting Saturday night's tribute to the President and for everything you did to make it the great occasion that it was," Hillary Clinton wrote. "We will remember it always."

Paul would make sure she didn't forget.

Over the next several weeks, Paul later claimed, he spoke to both Tonken and then-DNC Chairman Ed Rendell about getting a presidential pardon for his past felony convictions. Paul made the allegation in his original suit against the Clintons, but omitted it from an amended version. When Rendell telephoned to ask for a $200,000 contribution for the National Constitutional Center in Philadelphia, Paul asked about the status of his pardon request, Paul said. According to Paul's original lawsuit, Rendell said he was working on it. Rendell, now governor of Pennsylvania, declined to comment for this article.

Paul had been invited to the White House to attend the last state dinner of Clinton's presidency, the black-tie India State Dinner. Given the publicity about his criminal history, Levin suggested it would be better if Paul didn't attend, Paul said. By contrast, Tonken was not only invited to the India State Dinner, he said, but the Clintons were effusive in their thanks, leaving him personal phone messages, sending him letters and gifts. "I have presidential cufflinks," Tonken said.

White House snubs were the least of Paul's problems. Stan Lee Media's stock price, which had peaked around the time of the gala, plummeted by the end of 2000. Stan Lee Media filed for bankruptcy. As securities investigators began asking questions, Paul flew off to Brazil -- for business reasons, he said.

In January 2001, the New York Senate 2000 Committee filed a report with the FEC stating that the Hollywood gala had been produced with in-kind contributions -- meaning goods and services, not cash -- of $401,419. The donor for $366,564 of that was listed as Stan Lee Media.

Sitting in Brazil fuming and scheming, Paul tried to trade what he knew about the financing of the Hollywood gala in exchange for federal prosecutors giving him immunity for securities fraud, court records and correspondence show.

In February 2001, Paul started contacting federal law enforcement officials to encourage them t0 look into the gala. They suggested he get a lawyer, Paul said. He wanted one who wouldn't shy from a fight with the Clintons. Surfing the Internet, Paul found Judicial Watch, the legal foundation that sued the Clinton administration several times and variously represented Paula Jones and Gennifer Flowers.

In June 2001, a federal grand jury in New York indicted Paul on two felonies in connection with trading of Stan Lee Media stock. That same month, Paul -- represented by Judicial Watch -- sued the Clintons, Tonken and Rosen, alleging that he'd been induced to personally fund the gala with false promises of business dealings with the president. In his civil suit, Paul alleged that he'd personally spent nearly $2 million on the gala. Paul said that since his contribution hadn't been properly reported to the FEC, he wanted his money back.

In early August, a Justice Department official in Washington wrote Judicial Watch, saying that the department "cannot discuss any resolution of the indictment pending against your client,

Peter Paul, while he remains a fugitive."

Soon afterward, Paul, who denies he was ever a fugitive, was shopping in downtown Sao Paulo when Interpol agents arrested him. Paul would spend more than two years in Brazilian prisons pending extradition to the United States. "I was in a dungeon," Paul said. "There was one bathroom for 112 people. I didn't have any hot water for 2 1/2 years."

Tonken's luck was running out, too. The California attorney general's officehad begun investigating whether he'd stolen from several high-profile charity fundraising events in the state. Like Paul, Tonken was trying to make a deal. He talked his way into the middle of multiple investigations concerning everything from financing for the Clinton gala to the many gifts he had given over the years to celebrities who may, or may not, have reported them on their taxes.

Tonken contended that he'd once given Kelly Craighead, one of Hillary Clinton's closest aides, a gold-and-diamond watch from Beverly Hills Watch Co. At the time, Craighead was a White House employee and legally prohibited from accepting such gifts. Craighead did not return repeated phone calls seeking comment for this article.

A year later, when FBI agents knocked on Tonken's door to ask about the gala, "one of their first questions concerned personal gifts," Tonken claimed in his memoir. "I told Kelly that over the phone, and the next day, without a word, she FedEx'd back my watch. It still looked new, so I gave it to some other celeb."

In August 2002, Raymond Reggie, Sen. Kennedy's brother-in-law, made his FBI-recorded call to David Rosen at his Chicago-based fundraising company.

Judicial Watch had shown federal prosecutors invoices and canceled checks from Paul documenting one of his central claims: that the Hollywood gala costs several times more to produce than had been reported to federal election officials.

So FBI agents were trying to answer the $1.176 million question: Who knew?

Paul and Tonken each had much the same answer: Everyone closely involved in the gala, including the Clintons, had to have known. Tonken even claimed that he'd once buttonholed Hillary Clinton at the back of a van on the campaign trail and, in an effort to impress her, bragged about all that had been spent on her behalf.

Kendell, the Clintons' lawyer, responded, "In so far as Peter Paul is making allegations, we've denied them and will continue to deny them . . . there is absolutely no wrongdoing."

On December 4, 2003 -- more than three years after the gala -- Rosen was secretly indicted on four felony charges stemming from the underreporting of gala costs to federal election officials. Rosen hadn't compiled or signed any reports to the FEC, but prosecutors contended that he caused false reports to be filed by feeding mis-information to campaign officials.

It wasn't until January of this year that Rosen's indictment was unsealed. The fundraiser lay in bed at night with his wife listening to TV news reports about the alleged misdeeds of "Hillary Clinton's top money man."

Rosen started a new fundraising venture: his legal defense fund. As his legal bills mounted, Rosen signed promissory notes to old friends for more than $1 million.

Hillary Clinton's lawyer, Kendall, issued a statement saying that they trusted that Rosen would be cleared. But Rosen kept getting bad news.

This spring, three weeks before Rosen's trial was to begin in Los Angeles, one of Rosen's lawyers called to say that Jim Levin, the Chicago businessman, would be testifying against him. Levin, embroiled in his own legal problems, made a deal with prosecutors to plead guilty to defrauding Chicago's school system and cooperate in other investigations to try to avoid prison, court records and testimony show. According to FBI interview notes, Levin said that he knew gala costs had skyrocketed -- and so did Rosen.

On the eve of the trial, Rosen's lawyers urged him to take a deal, Rosen recalled. If Rosen pleaded guilty to one felony, he could avoid serving any time in prison. Rosen refused.

"I was willing to be convicted of a felony -- after I'd fought the battle," Rosen said. "I was willing to fail. But if I pleaded guilty without being able to defend myself, I knew I would regret that decision for the rest of my life."

"You're David Rosen?" Rosen recalled Stan Lee asking him when he met him in Los Angeles just before his trial.

"I thought you'd look more like John Dillinger."

Judicial Watch representatives sitting in the courtroom had much the same reaction, they said. The boyish-looking Rosen seemed like a disappointingly small fish for prosecutors to be netting in the case that Judicial Watch officials once hoped would bring down Hillary Clinton.

Prosecutors told the jury that Rosen feared reporting the high cost of the gala accurately might mean Hillary Clinton's Senate campaign would net less money.

"This case is about the public's right to know who is paying how much to their elected officials,"

Assistant U.S. Attorney Daniel Schwager told the jury. "The case is about the public's right to know how much Peter Paul is paying to a national campaign . . . This case is about the public's right to know the truth, and the defendant David Rosen's continued and intentional obstruction of that public right."

The defense argued that Rosen had no idea about the gala's true costs because Paul and Tonken were crooks and con men who hid expenses for their own nefarious reasons -- and Rosen was just one more of their innocent victims.

Neither the defense nor prosecution called Paul or Tonken to testify.

For all the glitz of the gala, trial testimony was often dull recitation of federal election law and the calculations that fundraisers make to determine how much an event nets in hard money versus soft. Even the judge was occasionally confused and cracked that it would be more interesting to read the complete IRS code. Witnesses for the defense and prosecution agreed, ironically, that Hillary Clinton's campaign didn't, in the end, benefit financially from underreporting of gala costs. Her campaign netted a paltry $57,000 out of $1.1 million raised.

Levin testified that, while in Los Angeles to oversee gala preparations at the request of President Clinton, he heard Paul complain loudly about spiraling costs. Levin also testified that he heard Rosen, frustrated and appalled by wild gala expenditures, vow to hide them. According to Levin, Rosen said, "The cost of this event will never be the cost of this event."

Under cross-examination, however, Levin conceded that he'd never mentioned the comments he claimed to have heard to his "dear friend" President Clinton, who'd asked him to be his eyes and ears in L.A.

Rosen took the stand to refute accusers and testify that he wasn't required to verify individual gala expenses, such as how much Tonken paid for gift bags stuffed with CDs for guests. Rosen merely accepted figures given to him by Tonken's event planner, or asked campaign officials to get the figures from the event planner directly.

Jurors deliberated five hours before finding Rosen not guilty. "We didn't think he was a dove," one juror told the New York Sun at the time. "I think everyone lied."

Hillary Clinton called to congratulate Rosen. It was the first time he'd spoken to her in more than two years, he said. Given the various legal cases swirling around the gala, it hadn't been wise for them to talk, Rosen said. "They wanted my blood to spill on her shoes."

Rosen's trial is not the final act in the saga of the Hollywood Gala Salute to President William Jefferson Clinton.

Paul vows to spend the rest of his life trying to expose what he bombastically calls one of the greatest campaign frauds in U.S. history.

He pleaded guilty in March to one felony in connection with his Stan Lee Media stock transactions. While awaiting sentencing, Paul is living in North Carolina on welfare, he said. His family receives food stamps. He suffers from chronic bronchitis and arthritis, the legacy of his time in rough Brazilian prisons, he said.

Paul is pursuing his civil suit against the Clintons and expects oral arguments to be heard in the case later this year. He's also feuding with his former friends at Judicial Watch. Paul accuses the group of letting his criminal case languish while they used his civil suit to raise more than $15 million in donations for their coffers from people who dislike the Clintons.

Judicial Watch, which refutes Paul's allegations, recently asked the Senate ethics committee to sanction Hillary Clinton for low-balling gala costs in FEC reports. The Senate panel has not responded.

The campaign, as of late last month, had not filed new reports to reflect the evidence the FBI offered in the Rosen case indicating that the gala cost more than $1 million to produce.

The campaign is reviewing the matter, Kendall, the Clinton attorney, said. "If there is a need . . . amendments will be made. The evidence at the Rosen trial demonstrates how complicated the FEC reporting requirements for in-kind contributions are. It shows that even experts have disagreements about the booking of those contributions."

Aaron Tonken, now almost famous, pleaded guilty to stealing from several charities and is serving more than five years in a California prison. "I'm very happy," Tonken said in an interview from Taft Correctional Institution. Prison is blissfully stress-free compared with ducking loan sharks, catering to spoiled stars and trying to please all those insistent government investigators, he said. Tonken's weight has dropped from nearly 300 pounds to 165 since he went to prison. He said he runs four miles daily. A prison psychiatrist and psychologist are even helping him try to get rid of his facial tics, he said. Tonken is still a celebrity buff, though. "I met Anthony Pellicano," the famed Hollywood private eye turned felon, Tonken said breathlessly. "The guy they wrote 'Blow' about is here, too."

Rosen, now 38, is left with $1.4 million in legal bills. His defense cost even more than prosecutors say the gala did. Rosen's company, which had 11 employees before he was indicted, now has just two. He has two clients. The gala, one night of a thousand egos, took five years from his life. Some people say Rosen has been ruined. Those people never sold books door to door.

Rosen lives these days in a simply furnished space above his Chicago headquarters. Upstairs, his guitar rests alongside sheet music for the folk songs he and his bride sing together: Rosebud duets. Downstairs, the "money pit," the nerve center for frenetic fundraising calls, is silent for now.

People ask Rosen if he's quitting the fundraising business. He's proud to tell them that he just opened a second office, this one in Washington. In some ways, Rosen said in a recent interview in his home, it seems as if he is in a familiar place. He feels as if he's way out on a country road. It's 4 p.m., and he hasn't sold a book all day. His bags are heavy, but he knows his strength. And he knows that there's nothing wrong with a fellow wanting to quit -- just as long as he doesn't quit.

Rosen knows what he's got to do, he said, sitting at the wooden table in his dining nook. He's got to work harder to succeed. He's got to knock on some doors.

Suddenly, Hillary Clinton's top money man began to sing. No, not sing to the FBI. Not sing to the FEC. The only boy Rosebud tapped his foot and slapped out the rhythm to a ditty he learned long ago selling books.

"Seven-fifty-nine is knockin' time," Rosen sang, "but you can't quit knockin' til half-past nine."

April Witt is a staff writer for the Magazine. She will be fielding questions and comments about this article Monday at 1 p.m. at washingtonpost.com/liveonline.comments about this article Monday at 1 p.m. at washingtonpost.com/liveonline.


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Snuffysmith
Lack of Contracts Hampered FEMA

By Renae Merle and Griff Witte

Among the many failures in government planning revealed by Hurricane Katrina, one was particularly striking: No one, it seems, figured out ahead of time who was going to pick up the dead.

When the storm swept through the Gulf of Mexico six weeks ago and left hundreds of bodies to decompose in homes and streets, Louisiana officials looked to the Federal Emergency Management Agency for help removing them. But since cities and localities had historically recovered bodies from mass casualties, FEMA says, it had made no arrangements.

So a week after the monster storm struck, FEMA hired Kenyon International Emergency Services Inc., a Texas company that specializes in mobile morgues. Within a few days, however, Kenyon officials complained that the company still had no contract and that it was caught in a "bureaucratic quagmire," asked to do far more than was called for in the original agreement.

The company spurned FEMA and went to work for the state of Louisiana.

The lack of a contract to manage body collection, and the difficulties with Kenyon, fit a pattern of breakdowns in FEMA's relationship with the private sector, a relationship that has become crucial to the agency's workings but that contributed to its flawed response to Katrina. With relatively few resources of its own, FEMA relies on the private sector to provide the manpower and logistical help necessary to deal with a major emergency, but there were major gaps in the arrangements it had made. Many of the contracts it did have were poorly executed because of miscommunication and lack of planning.

To fill the gaps, the agency was forced to acquire much of what it needed on the fly, signing deals worth hundreds of millions of dollars with little or no competition when its bargaining position could not have been worse.

Now under heavy pressure from Congress, FEMA has taken the unusual step of putting out for competition four huge contracts for housing assistance that it originally awarded as no-bid deals.

"There were contracts in place. But obviously they were not adequate," said Richard L. Skinner, the Homeland Security Department inspector general. "I don't think the contracts in place ever contemplated anything this devastating. . . . They weren't prepared upfront to obtain the products and services they would need."

Skinner said his office will take a hard look at whether the contracts signed in the frenzied aftermath of Katrina's landfall cost the government more than they should have. "We're hearing rumors that, yes, we're being gouged. That's exactly what we're looking at," he said.

Joshua I. Schwartz, co-director of the government procurement law program at George Washington University, said that when the government tries to buy what it needs after a major emergency, there is no chance to have an open competition and it loses its ability to get the best possible price. "You don't want to be doing this after a twelve-alarm emergency so your contractors don't have you over a barrel," he said.

Instead, Schwartz said, FEMA should have lined up contracts in advance from which it could draw as need arose. FEMA also could have made better use of government-wide contracts, negotiated by the General Services Administration and others, for which the prices are already set, he said.

In the case of body retrieval, a major problem was the lack of agreement over whose responsibility it was in the first place. FEMA says it has never undertaken such a job. "Body retrieval is a state responsibility," said Nicol Andrews, a FEMA spokeswoman, though the agency eventually picks up the cost.

But that is not the way Louisiana officials saw it. Gov. Kathleen Babineaux Blanco (D) complained that "while recovery of bodies is a FEMA responsibility," no one had been able "to break through the bureaucracy to get this important mission done."

The state does not have the resources to search for and recover the bodies, said Robert Johannessen, spokesman for the Louisiana Department of Health and Hospitals. "I am not aware of any document out there that says whose responsibility it is."

Most of the hurricane-related contracts the government awarded in the weeks after Katrina hit were completed with only limited competition, or none at all. Several have come under close scrutiny, including a $236 million deal for Carnival Cruise Lines to provide temporary shelter for relief workers and another that is paying construction firms more than $2,000 for less than two hours of work installing blue tarp on damaged homes.

Under questioning from lawmakers last week, FEMA's acting director, R. David Paulison, promised that the agency would put out for bid $100 million contracts now held by four giant engineering firms. The temporary housing contracts were initially awarded without bidding, a Homeland Security Department spokesman later said, because an existing contract was nearly at its cap from previous emergencies and the agency needed work to begin immediately.

Paulison, who has been on the job for only three weeks, did not directly criticize the agency's lack of standing contracts. But he did indicate that FEMA plans to handle its contracting differently the next time. "Hopefully we can put things in place for the future where we will not have to depend on no-bid contracts," Paulison said.

The Department of Homeland Security will review whether it needs more contracts in place to confront major disasters, said spokesman Larry Orluskie. But he also cautioned that there is a limit to how much a contractor can reasonably be expected to have at the ready. Such preparation costs companies money that they eventually would ask the government to reimburse.

In some cases after Katrina, FEMA's demands outstripped the capacity of its suppliers. To feed thousands of evacuees in shelters, FEMA at first depended on the military's stash of meals-ready-to-eat. Within a week of the hurricane, FEMA had ordered nearly 1.6 million cases of MREs.

But as demand rose to almost 2 million cases, the Pentagon decided that it had done enough. "We've cut FEMA off from MREs to protect our military customers," said James Lecollier, a contracting officer at the Defense Logistics Agency. "We're happy that we're able to help the folks," he said. But "we get concerned, because we have to feed our troops too."

With the help of the Defense Logistics Agency, FEMA found contractors, competing with the Red Cross and other organizations for packaged meals and spending $35 million to buy 10 million meals from commercial vendors as of Sept. 28.

FEMA also found that it needed some things it had not planned for, like pet crates. With many Gulf Coast residents refusing to leave their homes unless they could take their animals with them, FEMA called Petsmart Inc. on Sept. 9 and put in an order for a truck full of crates in which to house dogs and cats for the trip out of the crippled region, according to Petsmart spokeswoman Jennifer Pflugfelder. The truck was sent to New Orleans the next morning, but before it could arrive, FEMA called back to cancel the order. The truck turned around.

Two days later, FEMA called again and renewed the order. The next day, FEMA called to say it was not sure. Each time FEMA called, Pflugfelder said, it was a different official. And each time, the official gave no reason for the change. So it went until Sept. 16, when $28,370 worth of crates were finally delivered, a week after the initial order.

"We'll do what we can to assist. But it was certainly frustrating for the company if there was a need for pets to be transported and [the crates] weren't arriving in time," Pflugfelder said.

In other cases, FEMA's use of established contracts was problematic. For example, trucks full of ice spent days crisscrossing the Gulf Coast region after FEMA ordered more than twice what it needed.

By Sept. 5, FEMA had ordered 211 million pounds of ice through IAP Worldwide Services Inc., which charges $11,200 to deliver a 20-ton truckload of ice to a staging location. But FEMA then realized that the computer model it used to decide how much to order did not foresee that thousands of storm victims would be driven from their homes and would not need the ice to keep their food or medicine cold.

FEMA was able to cancel some of the orders, leaving it with 189 million pounds. It still was forced to send 52 percent of the ice into storage, filling up facilities throughout the South. Some was even sent to Maine. The ice that was redirected to storage was trucked at a cost of $2.60 a mile.

Much of the remaining ice ordered for Hurricane Katrina was dispatched in response to Hurricane Ophelia, which approached Florida before heading to North Carolina, and Hurricane Rita, which hit East Texas, said Marjorie L. DeBrot, an Army Corps of Engineers emergency manager.

There are 765 truckloads -- 30.6 million pounds -- of Katrina ice still in storage.


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theglobalchinese
MIDDLE EAST: Weekly round-up No 42 for 30-September-7 October 2005 Reuters AlertNet
Relief workers reported that nearly 2,000 families had fled from their homes in the Anbar Governorate (province) of western Iraq following the launch of two separate US military offensives against Islamic insurgents.
Iraq's fate hangs on a yes or no St. Petersburg Times
US envoy: Charter will not break up Iraq Aljazeera.net
Washington Post - Times Online - Independent Online - Japan Today - all 999 related »
theglobalchinese
'A generation has been lost' Times Online
Up to 40,000 people have been killed, at least 60,000 injured and two-and-a-half million left homeless by the devastating south Asia earthquake, according to latest figures.
World rushes relief to Pak The Tribune
Rescue missions launched as Pakistan quake toll hits 30,000 New Zealand Herald
London Free Press - Telegraph.co.uk - Expressindia.com - Brisbane Courier Mail - all 114 related »
Snuffysmith
http://www.nytimes.com/aponline/business/A...094&partner=AOL


Game Theorists Win Nobel Prize for Economics
By THE ASSOCIATED PRESS
Published: October 10, 2005
Filed at 9:26 a.m. ET

STOCKHOLM, Sweden (AP) -- Israeli-American Robert J. Aumann and American Thomas C. Schelling won the 2005 Nobel Memorial Prize in Economic Sciences on Monday for their work on game theories that help explain political and economic conflicts from arms races to price wars.

''Why do some groups of individuals, organizations and countries succeed in promoting cooperation while others suffer from conflict?'' the Royal Swedish Academy of Sciences said.

Schelling, 75, is a professor at the University of Maryland's department of economics and a professor emeritus at Harvard. Aumann, 84, is a professor at the Center for Rationality at the Hebrew University of Jerusalem.

It was the sixth straight year that Americans have won the prize, or had a share in it.

Aumann (OW-man) and Schelling were cited for using game-theory analysis to ''explain economic conflicts such as price wars and trade wars, as well as why some communities are more successful than others in managing common-pool resources.''

''The repeated-games approach clarifies the raison d'etre of many institutions, ranging from merchant guilds and organized crime to wage negotiations and international trade agreements,'' the citations said.

''I feel great,'' Aumann, reached by telephone in Israel, told The Associated Press. He told the prize committee, ''This was a total surprise. I'm totally overwhelmed.''

Reached by the AP at his home in Bethesda, Md., Schelling said he knew his co-winner, but had never worked with him.

''They (the Nobel committee) linked us together because he is a producer of game theory and I am a user of game theory,'' he said. ''I use game theory to help myself understand conflict situations and opportunities.''

The academy, in its citation, lauded Schelling for showing ''that a party can strengthen its position by overtly worsening its own options, that the capability to retaliate can be more useful than the ability to resist an attack, and that uncertain retaliation is more credible and more efficient than certain retaliation.''

Those insights, the academy said, ''have proven to be of great relevance for conflict resolution and efforts to avoid war.''

Aumann was cited for his work in looking at how real-world situations can affect the theory.

''In many real-world situations, cooperation may be easier to sustain in a long-term relationship than in a single encounter. Analyses of short-run games are, thus, often too restrictive,'' the academy said. ''Robert Aumann was the first to conduct a full-fledged formal analysis of so-called infinitely repeated games. His research identified exactly what outcomes can be upheld over time in long-run relations.''

Game theory, which is often used in a political or military context to explain conflicts between countries, can also be applied to the business world.

''The understanding of game theory helps explain economic conflicts like price competition and commerce wars,'' said Jorgen Weibull, chairman of the prize committee.

Aumann was born in Frankfurt, Germany, but holds U.S. and Israeli citizenship. He is not the first Israeli to win the economics prize. In 2002, Daniel Kahneman, who also has U.S. and Israeli citizenship, shared the award.

It was the sixth consecutive year that Americans have won the prize.

Last year's winners were Edward C. Prescott, an Arizona State University professor, and Norwegian Finn E. Kydland, an economics professor at the University of California, Santa Barbara, who won for their research on how government policies affect economies around the world and why supply-side shocks like high oil prices can dampen business cycles.

The economics prize, worth 10 million kronor ($1.3 million), is the only one of the Nobel awards not established in the will of Swedish industrialist Alfred Nobel, the inventor of dynamite. The medicine, physics, chemistry, literature and peace prizes were first awarded in 1901, while the economics prize was set up separately by the Swedish central bank in 1968.

------
theglobalchinese
Delphi chief warns of 'hard choices' ahead MSNBC
By Dan Roberts in New York, Bernard Simon in Toronto and James Mackintosh in London. The bankruptcy of Delphi, a car parts maker employing 180,000 people worldwide, marked a "flash point" between the interests of current and former workers, it chief executive said on Monday. Warning of "hard choices ahead", Steve Miller, who previously managed US steel and airline bankruptcies, said the conflict offered a foretaste of an "inter-generational warfare" facing much of the industrialised world.
Delphi proposes bonuses to executives for staying Reuters
GM's Wagoner, Hobbled by Losses, Faces Delphi Bankruptcy Risks Bloomberg
Globe and Mail - CNN - Forbes - ABC News - all 1,307 related »
Snuffysmith
------------------------------------------------------------

CHENEY'S LAPSE

Speaking to an audience of U.S. Marines at Camp Lejeune, North Carolina, Vice President Dick Cheney recounted the history of anti-U.S. terrorist attacks since the 1980s. Cheney mentioned six attacks that occurred during Democratic administrations, but only one attack during a Republican administration -- hardly a fair accounting, according to Ivan Eland, director and senior fellow of the Center on Peace & Liberty at the Independent Institute.

"Conveniently, Cheney forgot to mention other attacks that happened during Republican administrations and especially during his tenure as Secretary of Defense under the first Bush administration," writes Eland in a new op-ed. "For example, the 1988 bombing by Libyan intelligence agents of Pan American flight 103 over Lockerbie, Scotland was a culmination of tit-for-tat attacks between Libya and the United States, which President Reagan actually started in 1981. In the first Bush administration, anti-U.S. terrorist attacks spiked during the Persian Gulf War, increasing to 120 during that period in 1991 compared with only 17 during a comparable period the year before."

Cheney also omitted a key lesson of those attacks, Eland argues. "The conclusion that Cheney should have reached -- unlikely in such a reflexively hawkish administration -- was that any short-term military retaliation for terrorist strikes should be quiet and surgical. Flaying away with massive, well-publicized military actions (particularly against countries who had nothing to do with the attacks of 9/11) such as the invasion of Iraq, will simply generate more terrorism."

A quiet anti-terrorist campaign probably would have avoided the 9/11 terrorist attacks, according to Eland.

"With the Cold War ended, the United States no longer needs such an interventionist foreign policy. Adopting a policy of military restraint overseas would bring many advantages, one of which is less anti-U.S. terrorism at home and abroad."

See "Cheney's Counterproductive Policy Toward Terrorists," by Ivan Eland (10/10/05)
http://www.independent.org/newsroom/article.asp?id=1584
SPANISH TRANSLATION:
"La Contraproducente Política de Cheney para con los Terroristas"
http://www.elindependent.org/articulos/article.asp?id=1584
Snuffysmith
===
Mike Whitney : George Bush and the Four Horsemen :

At present, the republic is buckling beneath the weight of deception, violence and incompetence. In Iraq, the plan to chop up the country into three smaller parts is moving ahead despite the intensity of the resistance or the objections of the Sunni minority.
http://www.informationclearinghouse.info/article10587.htm

===
Frank Rich ?: The Faith-Based President Defrocked :

The Miers nomination, whatever its fate, will be remembered as the flashpoint when the faith-based Bush base finally started to lose faith in our propaganda president and join the apostate American majority.
http://www.informationclearinghouse.info/article10575.htm

===
Wasn't Jesus a Liberal?:

The fact that Christian leaders are not calling the policies of this government into righteous accountability is what troubles me the most. They went out on the limb with their endorsements and yet they still give this inept and misguided president carte blanche. Where is the voice of the true prophet? Why do they still blindly support him and his policies of greed and war?
http://www.informationclearinghouse.info/article10580.htm

===
In case you missed it:

Wasn’t Jesus A Liberal? : Part 1

I am sick of reading letters to the editor and editorials that paint Democrats and liberals as anti-God and anti-American and that portray conservative Republicans as the only true Christian patriots.
http://www.informationclearinghouse.info/article10579.htm

===
Once powerful Christian Coalition teeters on insolvency:

The group’s annual revenue has shrunk to one- twentieth of what it was a decade ago – from a peak of $26 million in 1996 to $1.3 million in 2004 – and it has left a trail of unpaid bills from Texas to Virginia
http://tinyurl.com/azful

===
Patrick Fitzgerald's Mousetrap :

Instead of a mere percipient witness, Miller is now a potential defendant, and Fitzgerald can try to "flip" her against all of her sources, not just Libby.
http://tinyurl.com/bhd2j

===
Interview With Gore Vidal:

Author Gore Vidal talks with IWTnews about television news and the state of democracy
http://www.iwtnews.com/videoplayer/gore_vidal

===
Make up your own mind:

Video: New Orleans Officers Plead Not Guilty:

Three New Orleans police officers pleaded not guilty Monday to battery charges based on a videotape showing two patrolmen repeatedly punching a 64-year-old man accused of public intoxication
http://tinyurl.com/9e37t

===
Top U.S. auto supplier files for bankruptcy:

Delphi Corp., the nation's largest auto supplier, filed for bankruptcy Saturday, sending shock waves through a U.S. auto industry already weakened by high labor costs and falling market share.
http://tinyurl.com/a2wd5

===
Work Hard, Earn Less?:

American workers have been getting the short end of the stick since 1943.
http://finance.yahoo.com/columnist/article/richricher/1095
Snuffysmith
Papers Offer Peek at Miers's Views

By Jo Becker and John Pomfret

AUSTIN, Oct. 10 -- As a corporate lawyer, Harriet Miers once urged then-Gov. George W. Bush to veto legislation that would have prohibited the Texas Supreme Court from regulating or capping attorneys' fees, charging that the legislation did "violence to the balance of power between the legislative and judicial branch."

Miers, President Bush's nominee to the Supreme Court, said in her 1995 letter to Bush that the legislation was a blatant attempt to protect a "handful of greedy, but immensely rich and powerful" trial lawyers.

The letter was among 2,259 pages of documents released Monday by the Texas State Library and Archives Commission. Most of the papers involved Miers's 1995-2000 tenure as chair of the Texas Lottery Commission. The documents provide a glimpse into her views on the proper separation of powers and the debate over making the civil justice system more fair and predictable.

In addition to chairing the lottery commission, Miers was the managing partner of a large Dallas law firm, Locke Liddell & Sapp. While she was running the firm, it helped accounting firm Ernst & Young LLP sell a sham tax shelter in 1999 by advising investors that they "should" be able to beat the Internal Revenue Service in court, according to a February 2005 Senate investigation report that came to light Monday.

The tax shelter in question, which was banned three years ago, allowed investors to turn ordinary income into capital gains income, which is taxed at a lower rate, and at the same time declare a substantial loss. According to the Senate report, Locke Liddell & Sapp appears to have made $3.5 million on 70 such deals, which the report called "potentially abusive or illegal."

The report quoted the legal adviser of a potential investor as blasting Locke Liddell & Sapp for effectively signing off on such investments. "From all indications, the transaction appears to be a classic 'sham' tax shelter that would be successfully challenged on audit by IRS," the legal adviser is quoted as writing to his client.

Miers was not mentioned in the Senate report. She was not a tax law specialist and did not have direct involvement in recommending the tax shelter, according to White House spokesman Allen Abney. "As we understand it, Miers had nothing to do with these transactions and was not in any way a part of them," he said.

Tom Connop, who has been the firm's spokesman on Miers, did not return a phone call.

Miers's letter urging Bush to veto legislation came as lawmakers were debating a host of measures he had pushed that were aimed at limiting lawsuits. The Texas Supreme Court had announced that it was going to launch a study of contingency fee arrangements, in which lawyers agree to take a case in return for a percentage of the verdict, which prompted trial lawyers to lobby lawmakers to pass the bill in question.

Bill Whitehurst, former president of the Texas Trial Lawyers Association, said lawmakers were concerned that the state Supreme Court was "getting ready to do something that was not the court's prerogative."

But Miers called the legislation an "assault" on the state Supreme Court's authority to regulate and discipline lawyers and said the legislature had overstepped its bounds. If the bill became law, she warned, it would only benefit special interests that had "brought shame on this State, badly hurt our economic development efforts and continue to this day to cause our State to be held in disrepute for 'justice for sale.' " Bush vetoed the bill.


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Snuffysmith
--------------------
Airmen Fill the Gaps in Wartime
--------------------

Thousands of Air Force personnel are being sent to Iraq and Afghanistan to perform low-tech roles and help the Army keep up force levels.

By Mark Mazzetti and Greg Miller
Times Staff Writers

October 11 2005

WASHINGTON; Straining to find ground troops to maintain its force levels in Iraq and Afghanistan, the Pentagon has begun deploying thousands of Air Force personnel to combat zones in new jobs as interrogators, prison sentries and gunners on supply trucks.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...-home-headlines
Snuffysmith
--------------------
Under Rice, Powell's Policies Are Reborn
--------------------

By Paul Richter
Times Staff Writer

October 11 2005

WASHINGTON; For four years, Secretary of State Colin L. Powell and his team faced off against administration hawks on one foreign policy issue after another, and usually went down in defeat.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/wo...-home-headlines
Snuffysmith
Many big visions for new Big Easy
Planners look to reconceive what took 300 years to evolve. By Amanda
Paulson
http://www.csmonitor.com/2005/1012/p01s01-ussc.html?s=hns
Snuffysmith
New Oreans: new visions
Four experts - all with New Orleans connections - offer their views on
how to move forward. By Amanda Paulson and Kris Axtman
http://www.csmonitor.com/2005/1012/p02s01-ussc.html?s=hns
Snuffysmith
From abroad, challenges to US role as top innovator
Ramped-up R&D in China and India blunts the US's economic edge. By Mark
Trumbull
http://www.csmonitor.com/2005/1012/p04s01-usec.html?s=hns
Snuffysmith
Energy independence requires a multifaceted approach
The United States alone gobbles up 25 percent of the world's oil
production. By John Hughes
http://www.csmonitor.com/2005/1012/p09s01-cojh.html?s=hns
Snuffysmith
Homeland Security's extreme makeover
Plans call for stripping away layers of bureaucracy to reveal a more
agile department. By Paul C. Light
http://www.csmonitor.com/2005/1012/p09s02-coop.html?s=hns
Snuffysmith
Seized Letter Outlines Al Qaeda Goals in Iraq

By Susan B. Glasser and Walter Pincus

Al Qaeda's top deputy urged the leader of his Iraq branch in July to prepare for the inevitable U.S. withdrawal by carrying out political as well as military actions, and he lectured him that he risked being shunned by an Islamic world angered over his gruesome and not "palatable" killings of fellow Muslims, according to an intercepted letter released yesterday by the U.S. government.

The 6,000-word letter from Osama bin Laden's chief lieutenant, Ayman Zawahiri, to Iraqi insurgent leader Abu Musab Zarqawi amounts to a detailed portrait of al Qaeda's long-term goals in Iraq and the Middle East, and includes a striking critique of how Zarqawi has gone about waging his war against not only U.S. troops but also Iraqi civilians. The letter was posted yesterday on the Web site of Director of National Intelligence John D. Negroponte -- http://www.dni.gov -- after senior intelligence officials released excerpts of it last week.

Invoking the specter of the United States abruptly abandoning Iraq as it did to Vietnam, Zawahiri counseled immediate political action: "We must take the initiative and impose a fait accompli upon our enemies, instead of the enemy imposing one on us."

The missive also suggests the degree to which al Qaeda's leadership remains eager to assert its prerogatives with Zarqawi, who has become the increasingly public face of the movement when Zawahiri and bin Laden are in hiding. Although the letter does not contain a direct reference to Zarqawi until a cryptic greeting to him at the end, a senior intelligence official who briefed reporters on the condition of anonymity said "it's absolutely certain" it was meant for Zarqawi, declining to elaborate on how U.S. officials made that conclusion. The letter was dated July 9, but the official would not say whether it had been sent. "We obtained it in the course of counterterrorism operations in Iraq," he said.

Throughout, Zawahiri -- the Egyptian doctor who fused his own Islamic movement with bin Laden's al Qaeda in the late 1990s and is believed to operate now as the group's top commander -- comes across as a strategist trying to rein in a guerrilla operating at odds with the movement's political goals. The official said that in its repeated criticism of Zarqawi, the letter also amounts to a reproof from "an al Qaeda elder to an occasionally hotheaded field commander."

"He comes down like a ton of bricks on what has happened tactically," the official said.

"This is not a rant. It is more chilling in a sense because it's so well-argued, clean and calm," the official added. "There's a high political content. Zawahiri calls for political action equivalent to military action."

Zarqawi has been high on the list of most wanted insurgents since last year after he pledged allegiance to bin Laden, but in recent months U.S. military commanders have given even greater urgency to disrupting his network of foreign fighters and Iraqi supporters. The network is still thought to constitute only a fraction of the Iraqi insurgency in numbers, but it is credited with carrying out a disproportionately large share of the violence, as a result of suicide bombings often aimed at Shiite civilians to foment sectarian strife.

But Zawahiri urged Zarqawi in the letter to change that formula and refocus on politics. When the United States leaves, al Qaeda must be ready to claim as much territory politically in the inevitable void that will arise, he writes. Zawahiri called that stage the setting up of an "emirate," in as much of Sunni-dominated Iraq as possible, to be followed by the longer-term goal of a "caliphate," reuniting the historical Islamic empire centered in modern-day Egypt, Lebanon and Israel.

Zawahiri also questions Zarqawi's targeting of Iraqi Shiites, telling him bluntly that the "majority of Muslims don't comprehend this" and wondering whether such targeting is a "wise decision" given the need to wage war against the United States and the current Iraqi government. And even if Shiite leaders should be targeted, Zawahiri asks, "why were there attacks on ordinary Shia?"

He also told Zarqawi that fellow Muslims "will never find palatable" the televised scenes of hostage beheadings that have earned Zarqawi the sobriquet "sheik of the slaughterers." among like-minded fighters. In the media battle "for the hearts and minds" of the Islamic world, Zawahiri said, such tactics will not work.

Zawahiri has spoken before about the broad plans of the al Qaeda movement. In a book smuggled out of Afghanistan in December 2001, Zawahiri said the Sept. 11, 2001, attacks "would be nothing more than disturbing acts" if they "do not serve the ultimate goal of establishing the Muslim nation in the heart of the Islamic world." In the 2001 volume, he said the first goal should be to strike Americans and Jews "in our Muslim countries."

In the new letter, Zawahiri said the Muslim masses "do not rally except against an outside occupying enemy, especially if the enemy is firstly Jewish and secondly American."

In an unusual reverse, the letter asks Zarqawi to send money to al Qaeda, saying many of its "lines have been cut off," and that "we'll be very grateful to you" for financial help.

Staff writer Bradley Graham contributed to this report.




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Snuffysmith
Special Prosecutor Again Queries Reporter

By Carol D. Leonnig

New York Times reporter Judith Miller answered questions yesterday about a previously undisclosed conversation she had with Vice President Cheney's chief of staff in June 2003 and is scheduled to testify before a grand jury today to answer more questions in the investigation of how a covert CIA operative's identity was leaked to reporters.

Special prosecutor Patrick J. Fitzgerald, who has indicated he is nearing a decision about whether to charge anyone in the case, questioned Miller about notes she said she discovered last week involving a June 23, 2003, conversation with Cheney's top aide, I. Lewis "Scooter" Libby, according to a source familiar with Miller's account.

According to the source, the notes reveal that the two discussed Bush administration critic and former ambassador Joseph C. Wilson IV about three weeks before the name of Wilson's wife, covert CIA operative Valerie Plame, appeared in a syndicated column written by Robert D. Novak.

The publication of Plame's identity ultimately led to Fitzgerald's investigation of whether Plame's name was illegally leaked by administration officials in retaliation for Wilson's public criticism of the administration.

One source close to Miller said it appears that the notes were Fitzgerald's first indication that Miller and Libby had spoken in June.

Last year, Fitzgerald subpoenaed Miller's notes for discussions she had with Libby from July 6 to July 13 but included no mention of June, the source said.Previously, Fitzgerald was focused on a July 8 breakfast meeting Miller had with Libby and a phone call they had on July 12 or 13. Miller was questioned by the grand jury last month after spending 85 days in jail for initially refusing to testify about her conversations with Libby.

Libby's attorney, Joseph Tate, did not return calls yesterday seeking a comment on the implications of the notes and the conversation with Miller. Fitzgerald's office declined to comment, but New York Times Executive Editor Bill Keller said in an e-mail to the newspaper's staff that Miller would appear before the grand jury today, delaying the newspaper's promised report about her evidence in the probe because she faces the threat of contempt of court until she finishes testifying.

"Judy has talked to our reporters already about her legal battle, but the story is incomplete until we know as much as we can about the substance of her evidence, and she is under legal advice not to discuss that until her testimony is completed. This may be frustrating to our armchair critics," Keller wrote.

Numerous lawyers involved in the 22-month investigation said they are bracing for Fitzgerald to bring criminal charges against administration officials. They speculated, based on his questions, that he may be focused on charges of false statements, obstruction of justice or violations of the Espionage Act involving the release of classified government information to unauthorized persons. The grand jury's term is to expire Oct. 28.

"This is not a guy who would walk away with nothing," said one lawyer involved in the case.

Libby and White House Deputy Chief of Staff Karl Rove have both testified that they mentioned Wilson's wife to reporters during the summer of 2003 but did not reveal her name or her covert status, according to sources.

After Miller testified before the grand jury Sept. 30, a source close to Miller said, Fitzgerald and her attorney urged her to go back through her old notes and turn over any that involved Libby or would be relevant to the case, the source said.

A June 2003 conversation about Wilson between Miller and Libby occurred at a time of growing White House concern about the former ambassador after a May 6 column in the New York Times and a June 12 article in The Washington Post. Without using Wilson's name, the reports drew attention to a CIA-sponsored mission that found no evidence for a Bush administration claim used to justify war with Iraq: that Iraq was trying to purchase uranium in Niger for use in developing nuclear weapons. The CIA had sent Wilson to Niger to investigate the claim.

Some legal sources are focused on their clients' exposure under the broad language of the Espionage Act. They say a prosecutor could argue that any official or private citizen committed a felony by transferring classified information about Plame to reporters.

But veteran defense lawyer Plato Cacheris, who represents a former Pentagon policy analyst who pleaded guilty last week to violating that portion of the act in a separate case, said using it for contacts with reporters would be "stretching it to something the statute didn't intend."

Staff writer Jim VandeHei contributed to this report.




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Snuffysmith
Religion Was a Factor in Miers's Nomination

By Fred Barbash

President Bush suggested today that religion was a factor in his choice of Harriet Miers for the U.S. Supreme Court.

Bush's comments came in response to a question about why his top political aide, Karl Rove, found it nececsssary to assure evangelical Christian leaders that Miers was one of them.

"People are interested to know why I picked Harriet Miers," Bush said. "They want to know Harriet Miers's background. They want to know as much as they possibly can before they form opinions. Part of Harriet Miers life is her religion," he said, noting that she was also a "pioneer woman and a trailblazer in the law."

"I remind people that Harriet Miers has been rated, consistently, one of the top 50 women lawyers in the United States," he said.

"She's eminently qualified for the job. And she has got a judicial philosophy that I appreciate. Otherwise, I wouldn't have named her to the bench."

The specific query to Bush, at a photo opportunity with Polish President Aleksander Kwasniewski, followed a statement by Family Research Council leader James Dobson, a major figure in the religious conservative movement. Dobson said that Rove had informed him in advance of the choice of Miers and assured him, in his words, that "Harriet Miers is an Evangelical Christian, that she is from a very conservative church, which is almost universally pro-life, that she had taken on the American Bar Association on the issue of abortion and fought for a policy that would not be supportive of abortion, that she had been a member of the Texas Right to Life."

White House spokesman Scott McClellan said earlier today that Rove was only "reaching out" to presumed conservative supporters skeptical about her nomination to the court to replace retiring Justice Sandra Day O'Connor.

Dobson's comments, and now the president's, come amid growing anger among conservative intellectuals about the Miers appointment and about the appropriateness of religion being a factor in Supreme Court nominations.

"When it was suggested that John Roberts's Catholic faith might be an area for inquiry in his confirmation, White House allies recoiled in horror," National Review editor Rich Lowry wrote in an article published online today.

"Now the White House tells conservatives that Miers will vote the right way because she's a born-again Christian. . . . As sociology, there is something to this -- an evangelical is more likely to be conservative than a Unitarian -- but to place so much weight on Miers's demographic profile, rather than her own merits and judicial philosophy, is noxious and un-American."

Yesterday, some conservatives criticized Laura Bush for stating, in response to a question, that it was "possible" that sexism was responsible for some of the negative reaction to Miers.

It was not Bush's first reference to the spiritual aspects of the Miers appointment. When he announced her nomination, he said he "sought to find an American of grace, judgment and unwavering devotion to the Constitution and laws of our country." His use of the term "grace" was immediately noted by allies and critics alike as a reference to her religious faith.

Earlier today during a round of television interviews concerning the Miers appointment, Attorney General Alberto Gonzales stated that "a person's personal beliefs are irrelevant, or should be irrelevant, in terms of how they're going to approach the job as a judge."

On another show he said that "I believe that she is pro-life. But the question as to whether or not she's pro-life or not has no bearing and should have no bearing as to whether or not -- how she would rule on a particular case interpreting the right to an abortion."


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US top court hears whistle-blower case

By James Vicini

WASHINGTON (Reuters) - U.S. Supreme Court justicesexpressed reservations on Wednesday about giving free-speechprotections to government whistle-blowers who try to exposepossible misconduct at work.

The high court considered a California case involving aprosecutor who sued his former employer for retaliation afterhe reported suspected wrongdoing to senior officials in hisdepartment. The case could affect whistle-blowers and othergovernment employees.

Los Angeles County Deputy District Attorney RichardCeballos said he was demoted and denied a promotion for tryingto expose a lie by a county sheriff's deputy in asearch-warrant affidavit.

A U.S. appeals court ruled that Ceballos' action wasprotected by the First Amendment of the Constitution, as aninstance of speaking up on an issue of public concern.

However, several justices expressed doubts that free-speechrights covered every work-related comment by a governmentemployee.

Justice Anthony Kennedy told Bonnie Robin-Vergeer, theattorney arguing for Ceballos, that her position would have"sweeping" consequences. "The First Amendment isn't aboutpolicing the workplace," he said.

Kennedy and other justices expressed concern that extendingthe protections would mean federal courts would have to decideinternal work-related disputes from every government agency.

New Chief Justice John Roberts cited the hypothetical caseof a law clerk fired after complaining in a memo that anotherjustice has a "wacky" theory of jurisprudence. Roberts askedwhether the clerk would have a First Amendment claim.

Robin-Vergeer replied that the example did not sound like aserious claim of misconduct.

She offered her own example of an employee at the FederalEmergency Management Agency who gets fired after complaining tosuperiors about a lack of preparation for the next hurricane.

Robin-Vergeer said constitutional free-speech protectionwas needed because some whistle-blower laws do not coverjob-related internal communications. About 100 cases involvinginternal communications are brought each year in federal court,she said.

Justice Antonin Scalia repeatedly said the court's previousrulings have held that free-speech protections applied only toissues of public concern in comments expressed as a citizen.

Attorneys for Justice Department and for the Los Angelesprosecutor's office urged the high court to rule that a publicemployee has no First Amendment right in speech expressed aspart of performing job-required duties.

Justice Department lawyer Dan Himmelfarb said a governmentwhistle-blower would have other protections against unfairretaliation, under civil-service laws.

Justice John Paul Stevens said he thought it odd that anemployee would have greater protection by going outside andmaking a public speech than for the same comments made throughinternal work channels.

The justices are expected to rule early next year.


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--------------------
Military's Role to Expand in Disaster Relief, Disease Outbreaks
--------------------

By Mark Mazzetti
Times Staff Writer

October 12 2005, 5:23 PM PDT

WASHINGTON -- The Pentagon is planning to take a larger role responding to "catastrophic" events within the United States such as natural disasters and terrorist attacks and is developing plans to use active duty troops to respond to an avian flu pandemic, the Defense Department's top homeland security official said Wednesday.

The complete article can be viewed at:
http://www.latimes.com/news/nationworld/na...la-story-footer
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Conservatives and exiles desert war campaign:

Even among the strongest advocates in Washington of the war in Iraq there is a sense of alarm these days, with harsh criticism directed particularly at the draft constitution, which they see as a betrayal of principles and a recipe for disintegration of the Iraqi state.
http://www.informationclearinghouse.info/article10602.htm
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SEC Issues Subpoena To Frist, Sources Say

By Carrie Johnson and Jeffrey H. Birnbaum

Senate Majority Leader Bill Frist (R-Tenn.) has been subpoenaed to turn over personal records and documents as federal authorities step up a probe of his July sales of HCA Inc. stock, according to sources familiar with the investigation.

The Securities and Exchange Commission issued the subpoena within the past two weeks, after initial reports that Frist, the Senate's top Republican official, was under scrutiny by the agency and the Justice Department for possible violations of insider trading laws.

Frist aides previously said he had been contacted by regulators but did not mention that the lawmaker had received a formal request for documents. The sources, who spoke on condition of anonymity because of the investigation, said Frist is expected to testify under oath about what he knew about the company's health in the weeks before he sold stock. Frist has told reporters that he did nothing wrong and that he directed the sale to eliminate potential conflicts as he considered a 2008 presidential bid.

The formal request for documents usually presages an acceleration of a federal probe. In Frist's case, regulators had to proceed with caution due to his status in Congress and their mutual desire to avoid triggering constitutional objections to the release of documents. The disclosure of the subpoena comes as Democrats blasted Frist anew for his financial and personal ties to Hospital Corporation of America, a Nashville chain founded in 1968 by his father and his brother, Thomas Frist Jr. Critics yesterday seized on a report that Frist held a substantial amount of his family's hospital stock outside of blind trusts between 1998 and 2002 -- a time when he asserted he did not know how much of the stock he owned.

The Associated Press reported on Tuesday that Frist earned tens of thousands of dollars from HCA stock in a partnership controlled by his brother, outside of the blind trusts he created to avoid a conflict of interest.

"It seems that for years, Frist may have misled his constituents and the American people about his health care industry stock holdings and the conflict of interest they created as he drafted our nation's health care policy," said Democratic National Committee Communications Director Karen Finney. "This deal raises even more questions about the Republican culture of corruption in Washington, D.C."

During his decade in the Senate, Frist has been active in shaping health care policy, including creation of a Medicare prescription drug benefit.

Republican ethics lawyer Jan W. Baran also scored Frist for his handling of his trusts. "This shows Senator Frist's capacity for clumsiness and bad timing," Baran said. "He was trying to insulate himself from political charges and now finds himself trying to defend himself because of the transparency of his holdings."

The subpoena for documents related to the July stock sales was written carefully to avoid asking for documents related directly to Frist's legislative actions, according to sources. By keeping the request focused on his personal activities, experts said, the SEC avoided raising objections from Senate lawyers who might otherwise have fought the request on the grounds of constitutional separation of powers.

The wording in the subpoena also ensured that Frist did not have to tell colleagues about the document request or to otherwise involve them in the investigation, congressional aides said.

The executive branch is prohibited from seeking documents or testimony that relate to "legislative acts and the motivation for the performance of legislative acts," said Kenneth Gross of Skadden Arps, an ethics law expert. The ban is part of what is called the Constitution's "speech and debate" clause, which insulates Congress from unwarranted intrusions by the executive branch of government. Writing a subpoena that does not run afoul of the clause -- and also possibly trigger a public disclosure of the subpoena -- required careful work.

"There are some gray areas, clearly, and it could be tricky," said Baran, of Wiley Rein & Fielding. Members of the House of Representatives must disclose to the full House when they are subpoenaed. The Senate has its own rules that sometimes require the body to deal with subpoenas, experts say, but the Frist subpoena apparently has not triggered any of them.

A spokesman for Frist said yesterday: "As we have indicated, Senator Frist has been fully cooperating with the authorities conducting the inquiries and will continue to do so, including keeping our public comments to a minimum. The issuance of a subpoena would be an expected and normal part of that process."

Within days of Frist's July stock sale, HCA warned investors about weaker-than-expected financial performance, which sent the stock price spiraling downward by 9 percent in one day. Frist may have begun the process of selling the stock April 29, months before the company's troubles were clear, according to e-mail messages between the Tennessee Republican, his chief counsel and his personal accountant that were reviewed by The Washington Post.

Former SEC enforcement chief and retired federal judge Stanley Sporkin said the agency has a "rich history" of probing officials at the highest level -- from Supreme Court Justice William O. Douglas to Carter administration budget chief Bert Lance.

SEC Chairman Christopher Cox, a former House GOP member from California, has removed himself from hearing evidence on or voting on the case, citing his ties to Frist.

Staff writer Charles Babington contributed to this report.




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http://www.washingtontimes.com/national/20...15346-1405r.htm

Pentagon increases recruitment of spies
By Rowan Scarborough
THE WASHINGTON TIMES
October 12, 2005


The Pentagon has increased programs to recruit spies, both in the United States and abroad, as part of Defense Secretary Donald H. Rumsfeld's push to penetrate and destroy Islamist terror cells.
The Defense Intelligence Agency (DIA) has increased its work force, including agents who recruit spies, from 6,500 to 7,500 since the September 11 attacks. DIA wants Congress to relax a rule on recruiting U.S. citizens as spies so it can burrow even deeper inside the enemy.
"We believe there are potential sources of information in this country we are not tapping right now," Jim Schmidli, deputy DIA general counsel for operations, said in an interview. "We think there is a potential well of information here."
Outside the DIA, Mr. Rumsfeld has empowered U.S. Special Operations Command to use warriors in more spying missions. Socom has added training programs to better teach commandos how to recruit sources and how to track suspected al Qaeda operatives around the world.
Mr. Rumsfeld established the first-ever undersecretary of defense for intelligence. The new undersecretary then created the Defense HUMINT Management Office at DIA to train case officers and coordinate dissemination of what the spy culture considers its crown jewels -- trusted human sources burrowed inside the enemy. HUMINT is short for human intelligence.
The Pentagon's move to recruit more spies is receiving a bipartisan endorsement from the Senate Select Committee on Intelligence, which has the power to veto Mr. Rumsfeld's spy policies.
"The committee supports the creation of the Defense HUMINT Management Office as a means of executing [Pentagon] objectives," the committee said in its fiscal 2006 legislation authorizing intelligence programs. "The military services have been authorized to rebuild their HUMINT capabilities."
The panel also delivered a plum the DIA has been seeking for two years. Under the 1974 U.S. Privacy Act, military intelligence officers must disclose who they are when trying to recruit a U.S. citizen, or permanent resident alien, to spy on an enemy. The FBI and CIA have no such restriction. The committee has endorsed giving the same exemption to the DIA. The House Permanent Select Committee on Intelligence is expected to go along when the 2006 bill reaches a conference.
George Peirce, the DIA's general counsel, said approaching a potential source under the cover of another identity is sometimes the only way to assess a person's value and to protect the operation's secrecy. Also, he said, immediately disclosing that you are a DIA agent can have a chilling effect on the approached person.
"The framers of the Privacy Act did not envision that its notification requirement would be used to frustrate the legitimate efforts of military officers to collect information from citizens voluntarily in order to protect our nation and its armed forces," Mr. Peirce said.
The DIA is particularly interested in persons who can provide information on another country's arsenal. It wants informants on the group al Qaeda in Iraq and on the terrorist-run industry that is producing scores of deadly improvised explosive devices.
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http://today.reuters.com/news/newsArticle....&archived=False

Al Qaeda in Iraq says Zawahri letter is fake - Web
Thu Oct 13, 2005 1:55 PM ET
Printer Friendly | Email Article | Reprints | RSS (Page 1 of 2)

By Firouz Sedarat
DUBAI (Reuters) - Al Qaeda's wing in Iraq on Thursday rejected as a fabrication a letter by a top group leader that was issued by U.S. officials and suggested deep internal rifts among militants.

According to the letter, released this week by U.S. intelligence officials, al Qaeda's second in command Ayman al-Zawahri urged the group's leader in Iraq to prepare for an Islamic government to take over when U.S. forces leave.

The letter warns Zarqawi the killing of Shi'ite civilians and hostages risked alienating Sunnis at a time when al Qaeda in Iraq should be seeking support for a religious state.

But Al Qaeda's wing in Iraq said the letter's release showed the "bankruptcy plaguing the infidels' camp".

"We in Al Qaeda Organization announce that there is no truth to these claims, which are only based on the imagination of the politicians of the Black (White) House and their slaves," the group said in a statement posted on an Islamist Web site.

"All of this is in a letter attributed to our Mujahid sheikh ... and naturally we do not know how and where this letter is to have been found," said the statement signed by the group's spokesman in Iraq.

U.S. officials said the July 9 letter, addressed to Iraq's al Qaeda leader Abu Musab al-Zarqawi, was obtained during

operations in Iraq.

SPLIT OVER AUTHENTICITY

In Washington, U.S. officials and experts were split on the letter's authenticity.

Ken Katzman, a terrorism expert with the Congressional Research Service -- the in-house think-tank of the U.S. Congress -- said the letter contained elements that raised doubts about its authenticity.

"The purported letter has Zawahri admitting to certain things that it's not realistic for him to admit, because he would know there's a potential this letter might be intercepted," Katzman said.

He said they included a request for money from Zarqawi, an admission that Pakistan's army is hunting for al Qaeda and how the arrest of a top operative affected the network.

A U.S. security official said: "There's every reason to believe it's legitimate. We have high confidence that it's legitimate."

The official, who spoke on condition of anonymity, declined to say what steps were taken to authenticate the letter for fear of revealing intelligence sources and methods.

Michael Scheuer, a former CIA analyst and critic of the U.S. war against terrorism, also said the letter appeared authentic.

Scheuer said the letter's admission of setbacks were typical of al Qaeda. "They have always been almost puritanical in talking about setbacks."

Several experts said the letter contained far fewer Koranic references and quotations than other Zawahri statements.

The letter was released days before Iraqis were to vote in a referendum on a new constitution in which U.S. authorities hope for a large turnout among Sunni Muslim Arabs.

Many Sunni Arabs oppose Saturday's referendum, and some experts say that Zarqawi declared war on Iraq's majority Shi'ites last month to curry favor among the disaffected.

(Additional reporting by Caroline Drees and David Morgan in Washington)
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CIA acquires new US clandestine leadership role

By David Morgan

WASHINGTON (Reuters) - The CIA will lead a new clandestineservice designed to coordinate all traditional U.S. spyingactivities overseas, including those of the FBI and Pentagon,top intelligence officials said on Thursday.

As part of an ambitious strategy to rebuild U.S. humanintelligence after debilitating lapses over Iraq and theSeptember 11, 2001, attacks, the new National ClandestineService, or NCS, will operate out of the spy agency under adirector reporting to CIA Director Porter Goss.

The new service will act as the national authority for theintegration and coordination of human intelligence operations,which involve spying by people rather than satellites and othersophisticated technology.

Intelligence experts view the service, which won PresidentGeorge W. Bush's approval in recent days, as an effort torestore some of the stature which the CIA lost whencongressionally mandated reforms largely stripped the agency ofits community role last year by establishing the position ofdirector of national intelligence, held by John Negroponte.

"I am confident that with the creation of the NCS, the U.S.government will have a more cohesive and truly national humanintelligence capability," Negroponte said in a statementannouncing the service.

"This is another positive step in building an intelligencecommunity that is more unified, coordinated, and effective, andis better positioned to meet the increasingly complexintelligence challenges of the future," he said.

With the new clandestine service based at his agency, Gosswill have a dual role as CIA director and "National HUMINTManager." HUMINT is bureaucratic parlance for humanintelligence.

Goss is also leading an effort within the CIA to expand theagency's global operations and build its ability to act alonein countries where U.S. spies up to now have been more likelyto act in concert with foreign intelligence services.

The CIA, which orchestrated America's Cold War espionageactivities against the Soviet Union, forfeited its leadershiprole in the intelligence community as a result of the reformscrafted to address weaknesses exposed by the September 11attacks.

Still reeling from criticism over intelligence lapses, theagency has lost some of its most senior clandestine officers inrecent months.

The announcement of the new clandestine service comes justweeks after the Senate Select Committee on Intelligence saidthe CIA was failing to lead U.S. human intelligence efforts andsuggested Negroponte take a stronger management role.

The CIA reached separate agreements earlier this year forcoordinating foreign intelligence activities with the FBI andthe Pentagon. Both have stepped up their intelligenceactivities overseas since the September 11 attacks prompted theBush administration's war on terrorism.


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Role of Religion Emerges as Issue

By Peter Baker and Charles Babington

President Bush said yesterday that it was appropriate for the White House to invoke Supreme Court nominee Harriet Miers's religion in making the case for her to skeptical conservatives, triggering a debate over what role, if any, her evangelical faith should play in the confirmation battle.

Bush said religion is part of Miers's overall background much like her work as a corporate lawyer in Texas, and that "our outreach program has been just to explain the facts to people." At the same time, his attorney general went on television and described Miers as "pro-life." But the White House said her religious and personal views would not affect her ability to serve as a neutral justice.

"People ask me why I picked Harriet Miers," Bush said in response to a reporter's question at an Oval Office appearance with Polish President Aleksander Kwasniewski. "They want to know Harriet Miers's background. They want to know as much as they possibly can before they form opinions. And part of Harriet Miers's life is her religion."

The issue was stoked by James C. Dobson, head of Focus on the Family, who recounted on a radio show taped Tuesday and aired yesterday that Deputy White House Chief of Staff Karl Rove raised religion in a private conversation to assure him of Miers's conservative bona fides. According to Dobson, Rove told him two days before Bush announced the nomination "that Harriet Miers is an evangelical Christian [and] that she is from a very conservative church, which is almost universally pro-life."

Citing Rove, Dobson also revealed that the president chose Miers after other candidates withdrew. White House press secretary Scott McClellan confirmed yesterday that "a couple" of potential nominees asked not to be considered because of "the ordeal of going through the confirmation process." McClellan declined to identify those who withdrew. Dobson said Rove told him the president had decided to nominate a woman, which narrowed the list even before the withdrawals.

Liberals jumped on Dobson's comments to accuse the White House of imposing a religious litmus test, or of invoking faith to signal to conservatives that Miers would rule as they wish on such questions as restricting abortion rights. Ralph G. Neas, president of People for the American Way, noted that conservatives complained when anyone questioned the influence of faith during the recent confirmation of Chief Justice John G. Roberts Jr.

"It's hypocrisy doubled and quadrupled," Neas said. "What's wrong for John Roberts can't be right for Harriet Miers. . . . The president and his people are using repeated assurances about Miers's religion to send not-so-subtle messages about how she might rule on the court on issues important to the president's political supporters."

Sen. Patrick J. Leahy (Vt.), the Judiciary Committee's ranking Democrat, signaled his party may have more questions about the Rove-Dobson communications. "The rest of America, including the Senate, deserves to know what he and the White House know," Leahy said of Dobson in a statement. "We don't confirm justices of the Supreme Court on a wink and a nod. And a litmus test is no less a litmus test by using whispers and signals."

During Roberts's confirmation, the administration and its allies tiptoed around the question of the nominee's religious beliefs. Sen. Tom Coburn (R-Okla.) told reporters that when he asked how faith influences his work, Roberts "said, 'I'm very uncomfortable talking about that.' " Sen. John Cornyn (R-Tex.) said during Roberts's confirmation, "We have no religious test for public office in this country."

But religion was clearly on the minds of some Miers supporters yesterday. Television evangelist Pat Robertson warned Republican senators not to vote against Miers, noting that most of them had voted for Ruth Bader Ginsburg -- whom Robertson described as a former American Civil Liberties Union lawyer -- when she was nominated by President Bill Clinton in 1993. "Now they're going to turn against a Christian who is a conservative picked by a conservative president and they're going to vote against her for confirmation?" he asked on his show. "Not on your sweet life if they want to stay in office."

The Senate Judiciary Committee sent Miers a questionnaire yesterday that included several items the panel did not ask of Roberts. "Please describe in detail any cases or matters you addressed as an attorney or public official which involved constitutional questions," the questionnaire asks. The committee, consisting of 10 Republicans and eight Democrats, also asked Miers to "explain how you will resolve any conflicts that may arise by virtue of your service in the Bush Administration, as George W. Bush's personal lawyer, or as the lawyer for George W. Bush's Gubernatorial and Presidential campaigns."

The administration again dispatched top officials to defend the Miers nomination. Attorney General Alberto R. Gonzales said on MSNBC yesterday that he believes Miers personally opposes abortion. "I believe that she is pro-life," Gonzales said. "But the question as to whether or not she's pro-life or not has no bearing and should have no bearing as to . . . how she would rule on a particular case interpreting the right to an abortion."

A Justice Department official who spoke on the condition of anonymity because of the sensitivity surrounding the nomination said Gonzales has never talked with Miers about her views on abortion. The official declined to say why Gonzales believes Miers is opposed to the practice.

Republican National Committee Chairman Ken Mehlman stressed that Miers would not be seduced by the liberal establishment like other Republican-appointed justices who "want to curry favor with the Georgetown cocktail set."

Staff writer Dan Eggen and Chris Cillizza of washingtonpost.com contributed to this report.




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Al Qaeda in Iraq Says Zawahri Letter is Fake

By Firouz Sedarat

DUBAI (Reuters) - Al Qaeda's wing in Iraq on Thursday rejected as a fabrication a letter by a top group leader that was issued by U.S. officials and suggested deep internal rifts among militants.

According to the letter, released this week by U.S. intelligence officials, al Qaeda's second in command Ayman al-Zawahri urged the group's leader in Iraq to prepare for an Islamic government to take over when U.S. forces leave.

The letter warns Zarqawi the killing of Shi'ite civilians and hostages risked alienating Sunnis at a time when al Qaeda in Iraq should be seeking support for a religious state.

But Al Qaeda's wing in Iraq said the letter's release showed the "bankruptcy plaguing the infidels' camp."

"We in Al Qaeda Organization announce that there is no truth to these claims, which are only based on the imagination of the politicians of the Black (White) House and their slaves," the group said in a statement posted on an Islamist Web site.

"All of this is in a letter attributed to our Mujahid sheikh ... and naturally we do not know how and where this letter is to have been found," said the statement signed by the group's spokesman in Iraq.

U.S. officials said the July 9 letter, addressed to Iraq's al Qaeda leader Abu Musab al-Zarqawi, was obtained during

operations in Iraq.

SPLIT OVER AUTHENTICITY

In Washington, U.S. officials and experts were split on the letter's authenticity.

Ken Katzman, a terrorism expert with the Congressional Research Service -- the in-house think-tank of the U.S. Congress -- said the letter contained elements that raised doubts about its authenticity.

"The purported letter has Zawahri admitting to certain things that it's not realistic for him to admit, because he would know there's a potential this letter might be intercepted," Katzman said.

He said they included a request for money from Zarqawi, an admission that Pakistan's army is hunting for al Qaeda and how the arrest of a top operative affected the network.

A U.S. security official said: "There's every reason to believe it's legitimate. We have high confidence that it's legitimate."

The official, who spoke on condition of anonymity, declined to say what steps were taken to authenticate the letter for fear of revealing intelligence sources and methods.

Michael Scheuer, a former CIA analyst and critic of the U.S. war against terrorism, also said the letter appeared authentic.

Scheuer said the letter's admission of setbacks were typical of al Qaeda. "They have always been almost puritanical in talking about setbacks."

Several experts said the letter contained far fewer Koranic references and quotations than other Zawahri statements.

The letter was released days before Iraqis were to vote in a referendum on a new constitution in which U.S. authorities hope for a large turnout among Sunni Muslim Arabs.

Many Sunni Arabs oppose Saturday's referendum, and some experts say that Zarqawi declared war on Iraq's majority Shi'ites last month to curry favor among the disaffected.

(Additional reporting by Caroline Drees and David Morgan in Washington)


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President sweats as US hawks turn up the heat :

George Bush last week denounced Syria and its ally, Iran, as "outlaw regimes" conniving with "Islamo-fascist terrorists" to foment international instability.
http://www.guardian.co.uk/worldbriefing/st...1590929,00.html
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http://www.nytimes.com/2005/10/14/national/14intel.html

Little Authority for New Intelligence Post

By DOUGLAS JEHL
Published: October 14, 2005

WASHINGTON, Oct. 13 - A new Central Intelligence Agency office intended to provide more coordination over American spying operations will wield only limited authority, leaving the Defense Department and the F.B.I. free to carry out an increasing array of human intelligence missions without central operational control, two senior intelligence officials said Thursday.

The director of the new office, as head of a national clandestine service, will instead be responsible primarily for setting standards and rules designed to minimize conflicts between the agencies, whose human spying operations in the United States and abroad have been expanding rapidly and are expected to continue to do so, the officials told reporters at a briefing.

In written statements issued on Thursday, John D. Negroponte, the new director of national intelligence, and Porter J. Goss, the C.I.A. director, said the new arrangements would improve the quality of American human spying. That has been a goal recommended by Congress, the Sept. 11 commission and others in reviews conducted in the last two years. President Bush pledged last year to increase human spying operations at the Pentagon and the F.B.I. by 50 percent in the next five years.

But Senator Pat Roberts, the Kansas Republican who is chairman of the Senate Intelligence Committee, described the changes as "a negotiated settlement" between the various agencies. Mr. Roberts expressed reservations about what he called "this latest reorganization," saying he would have preferred that Mr. Negroponte exert his authority to "manage human intelligence collection worldwide." Mr. Negroponte took over the new post in April under a law enacted last year.

The limited power to be granted to the new coordinator underscores the degree to which the Pentagon, the F.B.I. and the C.I.A. have retained considerable autonomy even under the new system led by Mr. Negroponte, whose job was created as part of an effort to impose more central control over intelligence agencies.

"We won't tell the F.B.I. how to do their business, and we don't tell the D.O.D. how to do their business," one of the two senior intelligence officials said of the role to be played by the C.I.A.

A second senior intelligence official said Mr. Negroponte's office would limit its role in overseeing human spying operations to broad, strategic direction, rather than asserting operational control.

Mr. Negroponte and his deputies do not anticipate "getting into the weeds of tactical day-to-day operations," said that second official, speaking at a briefing at C.I.A. headquarters. The two officials were from the C.I.A. and Mr. Negroponte's office, but the briefing was provided to reporters on condition that they not be identified by name.

The new system leaves the C.I.A. as the pre-eminent agency in charge of human spying, a mission it has had since its creation in 1947. The new clandestine service replaces the directorate of operations, the C.I.A. branch responsible for stealing secrets, recruiting spies and carrying out covert operations around the world.

The decision to allow the C.I.A. to maintain its designated role as the national human intelligence manager comes despite opposition from Mr. Roberts and other Republicans on the Senate Intelligence Committee, who had urged that Mr. Negroponte's office assume that management task. In a report last month, the Republican majority on the panel said the C.I.A.'s record of coordinating other agencies' activities had been weak, as underscored by intelligence failures on terrorism and Iraq.

But Democrats on the committee opposed that recommendation, saying it would be "at best premature" to strip the C.I.A. of its powers. In a statement issued on Thursday, Senator John D. Rockefeller IV of West Virginia, the ranking Democrat on the committee, said Mr. Negroponte had made "the right decision" and would give Mr. Goss "the tools he needs to ensure an effective and coordinated effort across all agencies involved with human intelligence."

Technically, Mr. Goss, as director of the C.I.A., is to be designated as national human intelligence manager. That is a role comparable to those once played by the director of the National Security Agency, the national signals intelligence manager; and the director of the National Geospatial-Intelligence Agency, the national imagery intelligence manager.

Under the new structure, however, Mr. Goss will delegate those day-to-day responsibilities to a new director of the national clandestine service, and he has appointed the current deputy director for operations to assume that post, the C.I.A. said. That official, a long-serving C.I.A. officer with considerable experience in Latin America, remains undercover and cannot be publicly named, the agency said.

One deputy director of the clandestine service will be responsible for managing the C.I.A.'s own clandestine service, and a second deputy will be responsible for "facilitation, coordination and deconfliction" of broader human spying operations, missions that are increasingly being carried out by the F.B.I.'s new national security branch, the Defense Intelligence Agency's human intelligence service and Special Operations Forces, as well as the C.I.A. The service will also include a unit responsible for covert operations and another branch responsible for providing scientific and technological support.

James L. Pavitt, who retired in 2004 as deputy director for operations, said he believed that the impact of the restructuring would be limited.

"A change in the table of organization, the 'wiring diagram,' will not substantively change the basics of the business," Mr. Pavitt said in an e-mail exchange on Thursday.

Mr. Pavitt said he believed that the old directorate of operations, now renamed the national clandestine service, would "continue to carry the real burden."
Snuffysmith
Bush Determined To Change Mideast: Card
http://www.spacewar.com/news/iraq-05zzzzg.html
Snuffysmith
A U.S. Democrat to Go to North Korea for Nuclear Talks

By STEVEN R. WEISMAN
Published: October 14, 2005
WASHINGTON, Oct. 13 - Gov. Bill Richardson of New Mexico, a United Nations ambassador in the Clinton administration who has long maintained contacts with North Korea, will travel next week to Pyongyang, North Korea's capital, for talks aimed at persuading the North to give up its nuclear arms program, Mr. Richardson's office and the Bush administration said Thursday.

Mr. Richardson, a prominent Democrat, said that he would not represent the United States as an official negotiator but that his trip was intended "to move the diplomatic process forward," following an agreement in principle reached last month in the six-nation talks involving North Korea and the United States and its partners, South Korea, Japan, Russia and China.

"I am not an official envoy, but I am supportive of the administration's new policy to engage the North Koreans through dialogue and diplomacy," Mr. Richardson said Thursday in an interview.

"North Korea is at a crossroads today, and it should take advantage of the goal of the six-party talks, a nuclear-free Korean peninsula, to advance its own interest in reviving its economy and building a better life for its citizens," he added.

Officials said the Bush administration supported the Richardson mission as a means to reinforce what has been its message since early 2003: that North Korea must dismantle its nuclear programs in order to gain economic, energy and security benefits. The administration has made an Air Force plane available for the trip.

The officials said they did not want the trip to be seen as a back-channel mission, but they also appeared mindful of the advantage of having their message repeated to North Korea by someone who is outside President Bush's political camp and who has been widely mentioned as a possible candidate for the Democratic presidential nomination in 2008.

"We've been in touch with Governor Richardson and we look forward to being in touch with him again on his return," said Christopher R. Hill, assistant secretary of state for East Asian and Pacific affairs and the administration's chief envoy to the talks with North Korea.

Mr. Richardson's office said the governor would leave Saturday and arrive in North Korea on Monday for three days of talks.

At North Korea's request, his office said, he is to be accompanied by experts from New Mexico in the field of energy, heart disease, public health, law and agriculture.

An official in Mr. Richardson's group said that North Korea had invited the governor to come to North Korea in late May and again later in the summer, but each time the Bush administration declined to give its approval. The first time, the administration was still trying to coax North Korea back to the bargaining table. The second time, the talks were at a delicate phase.

The most recent round of talks with North Korea, in Beijing, concluded in mid-September with an agreement in principle that the North would give up its nuclear programs in return for an array of incentives. But there remains a wide gulf on the timing, and on what inspection routine the North might accept.

In addition, an impasse continues over North Korea's demand for a light water nuclear reactor. The United States has agreed only to discuss such a reactor "at an appropriate time," after all the North's nuclear programs are shut down.

Talks are to resume in Beijing in November, with administration officials saying they intend to present a tough timetable for dismantlement of the North's nuclear programs and for inspections of the work.

Mr. Richardson has for years maintained an unusually close relationship with North Korea. As a Democratic congressman from New Mexico in the 1990's, Mr. Richardson made four trips there, and as United Nations ambassador under President Bill Clinton he had contacts with North Korean officials.

In early 2003, some months after North Korea admitted having violated the terms of a 1994 Clinton-era accord freezing its nuclear program, top North Korean envoys went to Santa Fe, N.M., with Mr. Richardson, who had just taken office as governor.

This is not the first time that North Korea has reached out to Mr. Richardson since the Bush administration took office. During President Bush's first term, Mr. Richardson maintained contacts with North Korea and frequently briefed Secretary of State Colin L. Powell and other American officials on his contacts. "Over my last two years as secretary of state, Governor Richardson would keep me regularly informed of his conversations with North Korean officials," Mr. Powell said in an interview. "I found the information he gave me useful, and he was always respectful of the guidance I gave him with respect to his actions."

Bush administration officials, asking not to be quoted by name, emphasized that in supporting Mr. Richardson's mission, they did not intend for him to send any message to North Korea other than to repeat the administration's position. The officials did not want their names used in characterizing what the mission might or might not accomplish.

Mr. Richardson's office said the governor would visit Japan and South Korea at the end of his trip to brief officials there before returning to the United States to brief top American officials.

The governor's intention, his office said, was to present to North Korea some expert thinking on its food, health and energy problems with the implication that such help would be more forthcoming in the event of a deal on its nuclear programs.
theglobalchinese
Karl Rove makes final Grand Jury appearance KHON2
Karl Rove and the man who could indict him were in a federal courthouse throughout Friday morning and into the afternoon as President Bush's top political adviser testified in the ongoing investigation into who leaked the identity of a CIA operative. Rove was in the building for over four hours, and left without speaking to reporters. Instead, his attorney, Robert Luskin, issued a brief statement saying Rove appeared voluntarily. "Karl C. Rove testified voluntarily today before the grand jury investigating the disclosure of a CIA agent's identity," the statement said. "The Specal Counsel [Patrick Fitzgerald] has not advised Mr. Rove that he is a target of the investigation and affirmed that he has made no decision concerning charges." Luskin's statement also said Fitzgerald has asked Rove not to discuss his testimony, but did not anticipate the need for Rove to testify further. Friday was the fourth time Rove has been before that grand jury, which is set to wrap up its term Oct. 28, barring a possible extension. The investigation centers around the question of who "outed" Valerie Plame as a CIA operative back in 2003 — an action Bush critics say was taken in retaliation for Plame's husband's public criticisms of the White House regarding the Iraq war. Rove has acknowledged talking to two reporters on the subject, but saying he only spoke about Plame and did not name her or disclose her status at the CIA — whether she was covert or not. At the time of the alleged "outing," Plame was working at CIA headquarters in Langley, Va. Whether or not she technically was considered "covert" at the time of the name leak is part of the controversy. If Fitzgerald does not obtain an indictment before Oct. 28, he might have to start all over again and presenting evidence and testimony before a brand new grand jury. He could, alternatively, obtain a six-month extension of the grand jury. Fitzgerald has reportedly declined to assure Rove's attorney that the White House official will not be indicted. Legal experts say it is not unusual for a witness to be called back before the grand jury, although with repeat appearances comes the risk of inconsistent statements.

White House: 'No Comment'
The White House has gone from issuing strong denials that Rove and Vice President Dick Cheney's chief of staff, Lewis "Scooter" Libby, were involved in the leak and promising to fire anyone involved in the leak to a posture of "no comment" on Friday. After Rove's testimony, White House spokesman Scott McClellan was asked whether Rove still had the president's confidence. He would say only, "Karl continues to do his duties." McClellan said he was declining to comment on all questions that touched on the grand jury matter. "The president made it very clear, we're not going to comment on an ongoing investigation," he told reporters. Instead, the spokesman said the president and his staff are focusing on Saturday's constitutional referendum in Iraq, continuing the rebuilding efforts after Hurricane Katrina, avian flu concerns and other issues. In an exclusive interview Friday with FOX News' Brit Hume, Cheney would not discuss the topic. "I'm simply not at liberty to discuss the issue. I understand you've got to ask those questions, but it is an ongoing investigation, and we're under instructions not to discuss the matter, so therefore I can't discuss the matter," Cheney said. Whether Rove's involvement in the scandal will hurt the White House remains to be seen, as does what will happen to Rove when the CIA leak investigation is over, political observers told FOX News on Friday. "Certainly, the specter of this grand jury investigation hanging over the White House doesn't help the president's approval ratings," Washington Times columnist Bill Sammon told FOX News. But whether Rove will be charged, "it's anybody's guess," Sammon said. "We just don't know what [Special Prosecutor Patrick Fitzgerald] will do." Democratic strategist Doug Schoen told FOX News that the White House's backing off of Rove and Libby's assertions that they were not involved puts the two men in jeopardy. "I think they are both at risk and it creates a [political] diversion at the very least," Schoen said. The spotlight in Fitzgerald's investigation recently has fallen on Libby, who was the focus of prosecutors' questions in two grand jury appearances by New York Times reporter Judith Miller. Miller was recently released after spending more than 80 days in jail over her refusal to testify on the matter. After getting confirmation that she had been released by her confidential source, Libby, to talk, she agreed to testify. Miller has since discussed her conversations with the vice president's top aide about Plame, and her husband, former ambassador Joseph Wilson.

Legal Options
But the legal path that Fitzgerald could take is yet to be determined, FOX News senior judicial analyst Judge Andrew Napolitano told FOXNews.com. Napolitano says the Intelligence Identities Protection Act of 1982 is the main law that could be used to show criminal wrong-doing, however, it poses a difficult standard for prosecutors to prove. For one, Rove would have had to have learned Plame's identity from some officially classified source. Learning the identity from a reporter does not meet the test, Napolitano said. Also, Plame would have to have been covert, but Napolitano said her covert status is highly questionable because of reports that Plame's role with the CIA was widely known throughout Washington. The government must also prove that it had spent considerable efforts in maintaining her covert identity either at the time of her outing or in the recent past, Napolitano said. While a specific violation of that law might be difficult to prove, Napolitano said others might not be so complex, and Fitzgerald's historical background leads him to believe that it's likely a charge will emerge. The grounds for other possible charges include: perjury — lying about subjects directly related to the investigation; a lesser charge for making up information not directly related to the investigation; obstruction of justice; or conspiracy-related charges. Napolitano said the most worrisome charge likely would be a conspiracy charge related to the 1982 law. For instance, if Rove and Libby agreed at one point to out Plame to get back at Wilson, and either one of them took any action to continue on that agreement, the prosecutor could pursue a conspiracy charge. A conviction on the charge would net no less than four years in prison. The investigation's roots lie in statements Wilson made in a newspaper column that the administration had twisted prewar intelligence on Iraq. Eight days after Wilson made his allegations, columnist Robert Novak identified Wilson's wife as a CIA operative, saying she had suggested her husband for a mission to Africa for the agency. Novak said his sources were two senior administration officials. Rove spoke to Novak about Wilson's wife and is apparently one of Novak's sources. The other is still a public mystery. Novak is believed to have cooperated with Fitzgerald's investigation, though he has declined to comment on the matter. The White House denials of Rove's and Libby's involvement collapsed three months ago, when Time magazine reporter Matt Cooper testified that Rove had been one of his sources for a story that identified Wilson's wife. Libby was another of Cooper's sources for the story.
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Many Democrats reserving judgment on Miers Boston Globe
Despite vows to fight President Bush's next conservative Supreme Court nominee, Senate Democrats and leading liberal groups are largely holding their fire over Supreme Court nominee Harriet E. Miers, calculating that their best move is to stay out of the conservative movement's internal battle about whether Miers is the best choice for the high court.
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A head injury clouds her memory, but the woman who nearly had her unborn son sliced from her belly has identified her next-door neighbor as her attacker, authorities say.
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Jack O'Connor stepped into a rescuer's rowboat after more than a week of steady rain across the Northeast sent water sloshing into the streets of this seaside town.
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Thousands join rights march Australian
THOUSANDS of African-Americans rallied in Washington overnight, frustrated with lingering inequalities in the United States but hopeful that their show of force would mark a first step toward change. "This is the start of getting black people together to get organization to get some change," said Amon Ra, 50, an Ohio state employee who drove more than 10 hours with his son to attend the "Millions More Movement" event, a decade after the "Million Man March" to empower black men in the United States. "We feel that, since black men occupy the majority of the unemployment rate, that we need to get some change to get them employed so they can take care of their families," Ra said, as marchers trudged to the venue in colourful T-shirts, some toting signs reading "Defend Affirmative Action." The "Millions More Movement" is aimed at bringing men, women and youth into "an effective national movement with the goal of transforming American society and eliminating poverty and injustice," organizers said in a statement. The event was organized by a broad coalition, including the Nation of Islam led by Louis Farrakhan, Reverend Jesse Jackson of the National Rainbow/PUSH Coalition, the National Association for the Advancement of Coloured People (NAACP) and rap mogul-activist Russell Simmons, among others. "We must now stand in this Millions More Movement for accountability," said Representative Sheila Jackson Lee, a Texas Democrat. For Sarah Thompson, an ebullient student at Spelman College in Georgia, it was an occasion not to be missed. "I came to say that young women are so powerful," said Thompson, 21. "And that young people are not apathetic. "We are going to defend the dreams of our forefathers!" she said on the National Mall, within sight of the White House. "There are so many things, health care, the economy", that make marching worthwhile, said Ernest Twyman, a spry 86-year-old Washington resident. "There is not much being done for our people. (President George W.) Bush hasn't done anything. The rich keep getting richer and the poor keep getting poorer," Twyman said. "You see, we were freed from one thing and now we are in economic slavery," Twyman said. "And economic slavery is just as bad as physical slavery." "Black people (in the US) have survived genocide," added Ra, who voiced hope the mass gathering could foster "black nationalism" inside the United States. Among the celebrities helping to fuel turnout were hip-hop and Hollywood stars Snoop Dogg, LL Cool J and Queen Latifah, as well as designer-rapper-actor-activist Sean "Diddy" Combs, Public Enemy and Wyclef Jean, who wowed the banner-waving crowd. Rapper Kanye West, who accused Bush during a nationally televised Hurricane Katrina fundraiser of not caring about blacks, also supports the movement. The man who is arguably the most powerful African-American politician, US Senator Barack Obama, a rising star of the Democratic Party, was scheduled to be in his home state Saturday, his website said. Obama is currently the only black person in the US Senate. James Gibson, a cable engineer who drove in his family of six from Connecticut, said he was keen to hear Farrakhan speak and hoped "that we as a whole can get together and get unified." In a strange diplomatic twist, Ricardo Alarcon, the speaker of the Cuban National Assembly, appeared in a video message congratulating Farrakhan and complaining that the United States had rejected communist Cuba's offer of medical assistance after Hurricane Katrina. "In the country that is supposed to be the richest one, the most powerful one, we learned that there is also a lot of misery," Alarcon said. "We are neighbors and we should be working together." African-Americans made up 12.9 per cent of the total US population in 2000, government data show.
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Northeast Flooding Death Toll Reaches 11 ABC News
Flood levels along the Connecticut River remain high as seen at Riverside Park in Hartford, Conn., Friday, Oct. 14, 2005. On Friday morning, ground weakened from the rainfall caused trees to fall across railroad tracks in Naugatuck, disrupting service on the MetroNorth railroad's Waterbury branch, said Metro-North spokesman Dan Brucker.
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Teen who found bleeding pregnant woman describes 'bizarre' scene phillyBurbs.com
Adam Silvis was riding his all-terrain vehicle through the woods when he happened upon a scene he likely will never forget: one woman lying on the ground, bleeding from the abdomen; the other telling him nothing was wrong.
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Gov pulls out stops for Pirro New York Daily News
Gov. Pataki tried to infuse some life into the troubled campaign of Westchester District Attorney Jeanine Pirro yesterday, endorsing her candidacy for senator nearly a year before the primary.
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Owner Jim Monaghan and wife Alana Monaghan in his Irish pub, Molly's At The Market on Decatur St. in the French Quarter of New Orleans Thursday, Oct. 13, 2005.
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Judge overturns property compensation law San Diego Union Tribune
A judge on Friday struck down as unconstitutional a voter-passed property rights law that had required state and local governments to pay owners whose land was affected by land-use regulations, relaxing some of America's strictest zoning laws. Land-use policies adopted by the state in 1973 have been widely regarded as a national model for protecting America's farmland and other open space from unbridled development. The combination of local and state regulations had confined most new housing to areas that already are built up.
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Blacks display unity in gathering at Mall Seattle Times
Black Americans thronged the National Mall yesterday in an assemblage of mutual affirmation, demanding more of their nation and of themselves. "It's nothing but black folks in love with each other from one end to the other," said Jamil Muhammad, national spokesman for the Nation of Islam, gazing out from the podium on a perfect Indian-summer day following a week of rainy weather. The Mall was not as thick with people or moment as the Million Man March, whose 10th anniversary this gathering commemorated. That march, the largest public coming together of African Americans in the nation's history, stunned America with its sheer size and its air of bliss. But yesterday's crowd was ample enough to stretch, if loosely, the length and breadth of the Mall, giving the gathering the grandeur and scope of a successful occasion. Organized mostly below the radar of the national media, and with far smaller expectations, the event achieved the formidable goal of not being a letdown to those who made the trek. Proceeding with little of the advance controversy of 10 years ago — mostly over the leadership of Nation of Islam Minister Louis Farrakhan, the main convener this time as last — the Millions More Movement also succeeded in presenting a more complete portrait of black America, and its leadership, in a united front. "We have seen an unprecedented gathering of the leaders of black America coming together to speak with one voice," Farrakhan declared. "The whole spectrum of black thought was represented on this stage ... . This tells us that a new day is dawning in America." "If there is a million, or less, or more, the meaning of this day will be determined by what we do tomorrow to create a movement, a real movement among our people." The agenda was broad, ranging from reparations for slavery to the creation of a national black board of education, black control of the businesses that serve the black community and the creation of an independent black political movement.
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Five killed in Wisconsin bus crash CNN
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With Wilma in the works, next storm could be Alpha Orlando Sentinel
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