Wednesday, April 25, 2007

Checking Off The Bush Gang Fascist Check List

Fourteen Defining Characteristics Of Fascism By Dr. Lawrence Britt

Every time I write about the Bush gang I am reminded about this particular article on the 14 Characteristics of Fascism. As I review the history of our nation over the last 10 years, I see the growth of fascism fast becoming the norm for our society. The worst part of it is that we are still sleeping on the job and Congress--which was a cooperative and supportive partner in the fascism while the GOP controlled it--has done nothing to address this fascism and stop it in it's tracks. The need to stop the growth of fascism in our nation, and especially as it is being proffered by Bush and his merry men.

Dr. Lawrence Britt has examined the fascist regimes of Hitler (Germany), Mussolini (Italy), Franco (Spain), Suharto (Indonesia) and several Latin American regimes. Britt found 14 defining characteristics common to each:

1. Powerful and Continuing Nationalism - Fascist regimes tend to make constant use of patriotic mottos, slogans, symbols, songs, and other paraphernalia. Flags are seen everywhere, as are flag symbols on clothing and in public displays.


The most obvious version of this characteristic was the "Mission Accomplished" banner on board a naval vessel, with President Bush being flown in by a combat jet. But even his ordinary experiences are overly dramatized by banners, slogans and symbols. His speeches are not just filled with cliches but his arguments for remaining in Iraq and continuing with a failed strategy that illustrates the point. "Stay the course," support the troops," and "remember 9-11" are woven into every speech he has ever given in regard to the Bush Doctrine and his "war on terrorism."

2. Disdain for the Recognition of Human Rights - Because of fear of enemies and the need for security, the people in fascist regimes are persuaded that human rights can be ignored in certain cases because of "need." The people tend to look the other way or even approve of torture, summary executions, assassinations, long incarcerations of prisoners, etc.

The list for this particular characteristic is long, starting with the treatment of captives, detainees and prisoners in Afghanistan, Iraq and Guantanamo Bay. The murder, rape, torture and maltreatment of Iraqis, Afghanis, Arabs, Iranians, Pakistanis is on record. Even the use of bombs to resolve issues concerning the the Taliban using remote areas of Pakistan is a violation of the UN Charter and the Universal Declaration of Human Rights. The deliberate disregard of the Geneva Conventions and the Nuremberg Accords--even though our government insists on other nations adhering to these principles and treaties--illustrates the point very well.

Then we have the apparent suspension of habeas corpus not only for the poor bastards held at Gitmo, or flying around the world under the notion of extraordinary rendition, but also against anyone arrested under an accusation of being either a terrorist or an aid to those that might be terrorists, even if there is no proof showing that the accused had any knowledge of such.

But Bush and his merry men take this a step further and insist on employing secretive measures against US citizens, preventing certain "types" and "categories" of people from flying based on ethnic origin, religious affiliation or race rather than probable cause. The warrantless surveillance programs (note the plural), the expressed plan to open mail routinely, the collection of data from corporate records, etc.--all without probable cause, due process or the right to challenge these actions--nails the coffin shut on human rights.

Then, of course, we have the extraordinary rendition programs. Flying suspects around to countries that are known for their brutal and torturous methods of interrogation and "intelligence gathering" violates NATO, the UN Charter, the Universal Declaration and our own Constitution.

3. Identification of Enemies/Scapegoats as a Unifying Cause - The people are rallied into a unifying patriotic frenzy over the need to eliminate a perceived common threat or foe: racial, ethnic or religious minorities; liberals; communists; socialists, terrorists, etc.

The events of 9-11 solidified our nation on an emotional level, but not a spiritual or truly patriotic level. We had every yahoo possible flying numerous flags on their cars, pickups, RV, gardens and homes--most of whom never gave the flag a second thought prior to 9-11. Most of these yahoos also displayed the flag inappropriately and disrespectfully.

The effect of this emotional method of unification was that we allowed our president and our congress to give away the very democracy that we rely upon to be free and live the way we believe all people should be free to live: under a government FOR the PEOPLE, BY the PEOPLE and answerable to the PEOPLE.

We have a long history of human rights abuses, starting with slavery and indentured servants; our treatment of freedmen and poor Southerners during Reconstruction; the entire process of institutionalizing discrimination against Blacks, Chinese, Catholics, Irish, "Hunkies" from Central Eastern Europe, Jews, Italians, Vietnamese, Camboadians, Chicanos and other Latinos; and ending with the current fearful discrimination of those from the Middle East or practicing the Muslim faith.

Our president, and the Congress that supported him, and those folks that continue to support him in the face of overwhelming evidence of immorality, unconstitutionality, scandals and failure to hear the will of the American people has led us into a pattern of human rights violations and blatant hypocrisy. We point the finger at other nations and groups for violating human rights, all the while we are breaking records for such abuses.

4. Supremacy of the Military - Even when there are widespread domestic problems, the military is given a disproportionate amount of government funding, and the domestic agenda is neglected. Soldiers and military service are glamorized.

President Eisenhower warned us about the military-industrial complex. We have seen overwhelming growth of of this complex ever since that warning. But we have seen more growth of this complex while Republican presidents and congresses have held the reins to our government.

Under the direction of Ronald Reagan we saw what the Europeans called "Cowboy Politics" and "Cowboy Diplomacy." We saw a build up and frequent use of military power and might, as well as numerous back door deals with those that sought to improve their military standing in the world, even our own enemies of the time, trading arms for hostages.

George H.W. Bush's turn at bat was not that much different. His record of abuses and manipulation of military might and "black ops" goes back to the days when he was the Director of the CIA. Old George wrapped himself in the flag and used the military might of our nation in many ways.

But George W. Bush has outspent, over spent and allowed more fraud, waste, corruption within the military-industrial complex than any previous Commander-in Chief. He has used the attacks that occurred on 9-11 to justify an indecent and illegal invasion and occupation of Iraq. His commitment to the buildup and use of military force under this Bush administration has gone to extremes, even defending the continuation of a flawed and failed set of strategies beyond reason.

5. Rampant Sexism - The governments of fascist nations tend to be almost exclusively male-dominated. Under fascist regimes, traditional gender roles are made more rigid. Divorce, abortion and homosexuality are suppressed and the state is represented as the ultimate guardian of the family institution.

The amount of homophobia that exists among the GOP, the Religious Right, the Christian Right in specific, and the efforts to place homophobic policies like the Marriage Amendment above more pressing and urgent issues (like the failed policies in Iraq) is extraordinary. The effort to control the interpersonal relationships of individuals willing to commit to each other in emotional, physical, spiritual and economic terms is contrary to the provisions of the First Amendment that provides for free association without any limits except those that are designed to overthrow the government, conspire to spy for a foreign entity, or other forms of treason.

The opposition to homosexual relations is primarily based on the Abrahamic religious tradition (Jews, Christians and Muslims) prohibition against homosexuality. The mere fact that this is the foundation of the outcry against same-sex relationships is evidence that the First Amendment "Establishment Clause" is being violated. But what seals the fate of this opposition is that even the Scriptural evidence offered by many of those opposing these relationships is not completely on solid grounds in terms of how we, as religious and spiritual people, should conduct ourselves in relation to others, regardless of their status before that which is held divine, versus what Scripture calls us to be as individuals. The manner in which both the Religious Right and the Political Right, both of which are led by our current president (despite some dissent), is persecuting those that hold different beliefs, customs, and values is neither moral according to Scripture or legal according to our Bill of Rights.

Further, the failure to balance the economic inequities institutionalized in terms of earnings by gender is yet another sexist issue in our society. Women, despite the decades of effort to balance earning potential, still earn 20% to 40% less than men holding comparable positions. But the Religious Right (especially the Christian Right), and the Political Right that has kowtowed to it, has opposed any and all efforts toward gender equity.

Yet, we have a divorce rate as high as anywhere else in the world (at least when all factors are held in balance). For a nation that the Christian Right claims is based upon Christian "family values," our divorce rate is evidence that such claims are not valid or accurate. In fact, it illustrates the hypocrisy and arbitrary adherence to Scripture by the Christian Right because the Gospel of Jesus clearly prohibits divorce except under certain specific conditions of immorality. That being the case, the fact that our divorce rate is over 50% demonstrates that these pre-supposed "family values" are not universal or dominant in our society.

Indeed, anyone who actually studies the social dynamics of our nation throughout our history will find that child abuse, incest and rape, discrimination, spousal abuse, alcoholism, drug addiction, criminality, and other social ills have plagued us, and that family values and support for families has been a phenomenon that has never really existed.

As an example, our nation's landlords have been exploitive throughout history and the government has had to step in with health and building codes in order to provide a decent housing situation for our families. Even then our codes have not been universally enforced, producing an institutionalized form of discrimination against those that do not meet the moral values and judgment of a religious doctrine instilled against, blacks, minorities, single mothers and their children, single men, homosexuals, and others that are "differently valued." This institutionalized discrimination is so predominant and persistent that we have state and federal agencies that have the specific task of assuring such discrimination either does not occur or is prosecuted.

We have even had to pass laws against such discriminatory practices in the workplace to protect women, children (labor laws), those of a different sexual orientation, those of ethnic or racial minorities, those of different religions and those of different ages. Does that history really represent "family" or even "Christian" values? No, indeed. It represents unfairness, inequity and a breach of our Constitutional first principles.

George W. Bush and so many within the GOP, and enough in other parts of the political spectrum, have employed our political and media processes to further these discriminatory practices and "values" for their own purposes, promotion of their will, and exertion of power and control over our society.

In my view Dr. Britt got this one slightly wrong. It is not just rampant sexism that is characteristic of fascism, it is all forms of institutionalized discrimination that those in power seek to spread through the government and the cultures of a nation.

6. Controlled Mass Media - Sometimes to media is directly controlled by the government, but in other cases, the media is indirectly controlled by government regulation, or sympathetic media spokespeople and executives. Censorship, especially in war time, is very common.

George W. Bush has allied himself, his administration, the GOP and the Religious Right with certain media celebrities and outlets that always offer a Bush-endorsed reporting process.

The way the Bush administration has released information through ordinary and extraordinary channels has always been done in such a way as it is intended to hide certain information from public view, discredit critics and their criticisms, undermine the validity of contrasting views, deflect criticisms or distract our attention from the real issues.

The release of Valerie Plame's identity was one such manipulation of the media. Plame's identity and role in the CIA were released by Bush administration officials through a manipulative process of the media. While Scooter Libby is taking the fall for these actions, it is reasonably clear that he was acting on orders, or on behalf of, those to whom he reported, including Vice President Cheney, White House Chief of Staff Karl Rove, and President Bush. While this may not be able to be connected in a manner prescribed by law in our Constitution, we cannot dispute the fact that either Libby's superiors knew what was being done, or should have known that it was being done. In either case it is a manipulation of the media and the way we receive information.

Subsequent to the "Plame fiasco," several newspapers and media outlets have discovered, and eventually reported, Bush administration activities that either violated the law or were in direct conflict with statements made in public via the media. President Bush, Vice President Cheney, Secretary Rumsfeld, Secretary Rice and others have then declared that such media leaks are illegal and should be prosecuted. In other words, when they deliberately leak it, it is legal, legitimate and valid, but when others investigate and find a source, it is against the law and against national security. But what reveals the hypocrisy of this position is the litany of excuses that came out when these folks were questioned about this apparent double standard, even statements coming from Vice President Cheney indicating that he can de-classify anything the government does without adhering to established rules, regulation and process.

But even the manner in which public events and speeches are conducted by these folks belies their intent to manipulate the media. Only certain "types" of people have been allowed into places where Cheney and Bush have appeared. Anyone that has sought to peaceably assemble and protest Bush, Cheney, Rice or others have been restricted from being near the places where they would appear or speak. Members of opposing political parties have been excluded from seeing President Bush at public appearances. Those wearing certain articles of clothing advocating certain political views or ideas have been removed from Bush and Bush gang forums.

Even the manner in which "embedded" reporters are allowed to participate in reporting news from Iraq and Afghanistan has been strictly manipulated by Bush and company. American reporters have been all but excluded from freely moving to sites in these regions and have not been able to report first hand on certain events. We have had to rely upon news reports from journalists and whistle blowers from other nations, many of whom are subject to dismissal because of their history of bias and inaccuracies. This has been a key manipulation of the media by the executive branch. Of course, this is in addition to all of the usual public relations and spin efforts put forth in the usual course of any presidential administration.

A fuller exploration of how the Bush administration has exploited the media, and how the media has been manipulated beyond what could be considered acceptable standards of journalism is found within Bill Moyers' Journal that aired on April 25, 2007. Moyers outlines how the mainstream media, with the possible exception of Knight-Ridder in the cases discussed, has been employing methods that no longer involve investigation and reliance on facts, but are more in tune with re-hashing press releases and quotes from media opportunities created by the White House, the Pentagon, or other official executive branch outlets. Since the Bush gang released that they could literally sell their lies with the help of the "corporate media" that was so lax in its checking of facts, details and truth, they released spin that deliberately misled the direction that the media would follow, or outright lies that no one bothered to challenge.

While our society resists control and manipulation of the media, the fact that our media is predominantly controlled by big corporations that benefit from fascism and fascist policies equates to a modicum of behind the scenes control and manipulation. Nixon recognized this when he threatened PBS with decreased funding over the McNeil-Lehrer news productions and the Washington Post (indirectly) over the Watergate reporting.

But Americans do not realize the power over big corporations held by the general public: If we as consumers decide to go elsewhere for our consumer needs and desires, these big corporations will cave-in on supporting fascism and other inappropriate behaviors. If even 40% of those watching the O'Reilly Factor were to shift away from watching Bill O'Reilly, Fox would react and adjust the programming and scheduling of O'Reilly's shows. We saw this in the Imus "nappy-headed ho's" incident. If 25% of those viewing ABC, NBC, or CBS, or even some of the cable channels, were to shift to a different channel, a different program, or even turn off the television during the news hours, these media moguls would respond. If everyone reading a single newspaper were to stop reading the paper for a week, and home subscribers suspended service for that week, these newspaper businesses would definitely react and respond.

The same is true for most politicians. If a significant proportion of any constituency were to react unfavorably to any given politician, 90% of them would fold, back-pedal or retract whatever caused such a response. This would be true of all politicians except those that are either untouchable (i.e. Supreme Court Justices, lame duck presidents) or those that do not give a damn. Unfortunately, George W. Bush falls into both of those categories.

7. Obsession with National Security - Fear is used as a motivational tool by the government over the masses.

We do not need a whole lot of discussion on this point. A great illustration of this point is the numerous invasions of privacy and run-arounds of our Constitution justified by the fear-mongering over national security. The obsession has gone so deep that we are being tapped by the federal government in terms of our telephone calls, our e-mails, our chat rooms, our Internet usage, our mail, our business records and, most recently, by the effort to circumvent the Constitution with the "Real ID" laws and voter registration identification laws.

But this fear and obsession is also seen in the abusive and ineffective security measures at our airports (all the while ignoring security on other forms of mass transit and travel), where we have gone from passive security measures (i.e. passing through metal detectors) to a partial strip search where we have to remove our sweaters, jackets, shoes, belts, contents of our pockets as well as our toiletries, carry-on luggage and leave our baggage unsecured/unlocked without any recourse if the bag is breached and stuff goes missing.

But in the name of national security we sent troops to invade and occupy a sovereign nation without legal cause, proper evidence to support the causes we claimed, and with our own government lying to us about these causes and justifications. It seems to me that Hitler used the same tactics when he invaded Poland.

The ACLU, EFF, EPIC, CCR and other civil liberties and privacy advocacy groups are all involved in law suits against the Bush administration in regard to civil liberties violations. The entire fiasco at Gitmo is evidence of a deliberate and persistent effort to undermine our liberties and our first principles. Add these issues and events up and you see a definite pattern of fascist invasion of our rights and privacy by our own government, as well as an abandonment of first principles embedded in our Constitution and numerous treaties signed, ratified and incorporated into our Constitution.

All of these things have been done in the name of national security. But this is not the first time that these things have happened in our nation. During World War II we used national security to stigmatize and incarcerate Japanese-Americans. Those who suffered at this time have never been adequately compensated for the economic losses or the unlawful incarceration that they incurred.

After WWII, we saw the uprising of anti-communism with such fervor that we engaged in black listing, persecution and false accusation, and other violations of civil liberties under the banner of national security. Many of those that were targeted were Jewish-Americans, or immigrants/descendants of Central Eastern Europeans. Anyone that was even remotely socialist in their thinking was included in the McCarthy Era attacks.

During the 1960s, and even into the 1970s, any group that was involved in the Civil Rights Movement, the counter-culture movement, the black pride movements, women's rights movements, or the anti-war (Vietnam) was subject to infiltration by local, state and federal law enforcement without warrants, probable cause, or any solid justification under our Constitution. It was during this time that we saw the rise of outrage within the ranks of Congress and the subsequent passing of FISA. Of course, we have seen how the Bush administration has disregarded this law almost in its entirety.

8. Religion and Government are Intertwined - Governments in fascist nations tend to use the most common religion in the nation as a tool to manipulate public opinion. Religious rhetoric and terminology is common from government leaders, even when the major tenets of the religion are diametrically opposed to the government's policies or actions.

Let us count the ways...


    - Oval Office prayer meetings first things in the morning;
    - President Bush making comments on the display of Wiccan religious symbols on gravestones, stating that he did not think Wicca was a religion (and carrying these attitudes and views into his presidency);
    - Speeches and reports littered with references to "family values" as defined by the Religious Right, translated into policies that are actually anti-family, anti-children, anti-worker and anti-middle class. (I urge everyone to read David Sirota's "Hostile Takeover" [coming out in paperback this May] to get a full perspective on this, as well as Michael Lerner's "The Left Hand of God" to see the difference between "spiritual values" embodied in the Constitution and "religious doctrines" embodied in everything Bush is doing.)
    - The religious doctrinal test that is apparent in the recent "Attorney Gate" scandals where US Attorneys are fired, retained, and/or promoted based on which religiously sponsored law school you graduated from and how you support the religiously-motivated Bush policies and agendas.
    - The reliance upon the Christian Right as a political base, even to the point of kowtowing to this constituency before becoming a lame duck, then basically abandoning them in all but those issues that might alienate their support of other Political Right/Christian Right GOP candidates.

The list can continue, but I think the religious indoctrination expressed by Harriet Meier, John Ashcroft, Donald Rumsfeld, Condaleeza Rice, and others promoted to high office in our government speaks better than a boring list. Even when these folks do not actually believe the stuff this administration spouts, they find political excuses (excuses, not reasons) to support these positions.

9. Corporate Power is Protected - The industrial and business aristocracy of a fascist nation often are the ones who put the government leaders into power, creating a mutually beneficial business/government relationship and power elite.

While not an exclusive posture and activity of the GOP or the Bush administration, more of it occurs under the GOP, Christian Right, Religious Right and Political Right administrations and/or control than under a balanced power structure, or even under the Dems, liberals or moderates.

Steven Emerson's work, "The American House of Saud" demonstrates how entrenched our government is in the ideology of supporting business over the rights of the ordinary citizen. Numerous scandals in government--including the Abramoff Scandals, ABSCAM, etc.--illustrates how deeply the bias in favor of Corporate America and Big Business (all of which is predominantly run by multi-national corporate powerhouses these days) which fund the campaigns of politicians.

But more of this has occurred under the Bush banner--this Bush and his father--than any other administration of the last nine presidencies. Even our invasion of Iraq and our involvement in the conflicts of the Middle East is ultimately focused on control of oil as the source of our utility and power grids, our transportation and our major manufacturing industries.

During the years of this Bush administration, as well as during the Reagan-Bush administrations, the number of corporate scandals has been significantly higher than most presidential runs. While a lot of scandal occurred under the Clinton years, as well as the Johnson era, if we look at the historical facts and trends, more corporate scandals have occurred under the Eisenhower, Nixon, Ford, Reagan, Bush (Sr.) and the current Bush administration that under the Truman, Kennedy, Johnson and Clinton administrations.

Under this current administration we have had scandals involving the following Big Business corporations: Tyco, WorldCom, Enron, PG&E, Adelphia, RCN, Arthur Andersen, Dubai Ports World, and others, not to mention that the Bush administration has proudly proclaimed that there is no price gouging by the oil companies at the pump (yeah, right). In fact, Bush actively opposed many of the accounting reforms, including Sarbanes-Oxley (SOX), which is now being lobbied in Congress for loosening of its grip, supported by the GOP and President Bush. But at the same time, Bush and the GOP have been busy providing these (and other) big corporations with major tax breaks, as well as not taking tax- and fee-dodgers to task, and opposing the increase in the minimum wage.

Then there are the no-bid contracts awarded during the onset of Afghanistan and the illegal invasion and occupation of Iraq. These contracts were awarded to corporations directly associated with Dick Cheney, Donald Rumsfeld, John Ashcroft (former legal affiliations) and George W. Bush and the Bush family. There has never been a complete review of these contracts, nor a new call for proposals so that other business entities can compete with Halliburton, KBR (a Halliburton subsidiary) or other "preferred" corporations. If we count the number of times these corporations have failed to deliver on the terms of their contracts, we can count this as yet another scandal.

Of course, we saw how deep into the body politic the Abramoff scandals went, including into a few on the Democrat side of the equation, but in an inordinate and perverse manner on the GOP side of the equation (i.e. Randall "Duke" Cunningham)... all the way to George W. Bush.

Enough said.

10. Labor Power is Suppressed - Because the organizing power of labor is the only real threat to a fascist government, labor unions are either eliminated entirely, or are severely suppressed.

The profound opposition to labor by the Religious Right, the Christian Right and the GOP under the umbrella of the false concept of "trickle down economics" has been ongoing since the middle of the 1960s when Barry Goldwater led the conservative movement in America. But folks like Goldwater, George Will, William F. Buckley, and a few others, can actually point out some sound issues that need to be considered. For the most part, however, the conservative side of the equation, and especially the ultra-conservative among them, haven't really bothered to fully investigate or fully comprehend the balance that is necessary between supporting business, business growth and the need to establish standards of fairness, equity and wages comparable to the contribution made by labor.

The failure of our nation to address the minimum wage in a manner that allows low-income earners to keep pace with inflation, wage deflation, and the way corporations and small businesses work around wage and workplace laws (especially discrimination matters) is saddening, sickening and a clear sign of the opposition to labor. The fact that migrant workers, restaurant workers and certain other classifications of lower earners are excluded from minimum wage laws and are systematically subsidized by the "gratuity" provisions or other regulations is patently unfair to labor. These regulations overly compensate the farm businesses (not small farms but big agro-businesses), the restaurant industries, the hospitality industries... all of whom are notorious for contributing to the issues of illegal immigration (we can throw the fabric and garment industries into this mess as well).

The "Westinghouse Decision" has all but tied the hands of EEOC personnel to address labor discrimination matters if there has been even the slightest refusal of an employee to undertake orders from a superior based on perceived (or actual) safety issues. The funding and staffing of both federal and state agencies that deal with labor and employment matters has been systematically cut under every Republican administration since Nixon. The current Bush administration has empowered union and collective bargaining efforts by its pro-Big Business agendas and policies.

The lobbying efforts of Big Business, with the acknowledgment and participation of key Bush players like Karl Rove, has led to an ever-increasing access to our political leadership within the Bush administration and the previously GOP-dominated Congress sessions. It's not that there isn't a lot of lobbying under the current (or past) Democratic-dominated congressional sessions, it's that any comparison shows a significant imbalance and disproportionate kowtowing by GOP members.

Even our health care issues and welfare regulations are tied into the means of discriminating against labor. Think about it. Almost all of our health care is funded through insurance provided by employers, but most of our lowest income earners are not provided with such coverage. The working poor--many of whom work two and three jobs--take any job possible to make ends meet, most of which are deliberately held to part-time status or do not offer health care benefits at all. Even those of us fortunate to have decent health care coverage through our employers are seeing this benefit being eroded to a point that it is costing between five to ten times more out of our salary deductions every three to five years.

But the opposition to a national health care plan is opposed by the insurance and medical center industries (not necessarily all doctors). The insurance industry knows that a national health care plan would significantly cut their ability to manipulate their profit margins and the way medicine, as a business rather than a profession, is run. And George W. Bush and company are deeply entrenched in their opposition to a national health care plan, just as much as they are deeply in bed with the high-mucky-mucks that have their fingers on the insurance industry (i.e. investment bankers, insurance boards, insurance executives, etc.).

Welfare reform is also tied to these issues. We have a system where it still pays more to be on welfare than to take a low-paying job because welfare provides medical coverage and low-paying jobs do not. Yet, almost all of our rehab and welfare-sponsored training programs focus on training folks for the lowest paying jobs, such as nurse's aide, medical assistant, medical office assistant, massage therapists, etc. These are not only low-paying areas of employment, but in most geographical locations in the US the job market for such positions are overly saturated with graduates of the numerous proprietary schools that have been milking and bilking the state and federal systems for over 20 years, if not longer.

11. Disdain for Intellectuals and the Arts - Fascist nations tend to promote and tolerate open hostility to higher education, and academia. It is not uncommon for professors and other academics to be censored or even arrested. Free expression in the arts and letters is openly attacked.

The fact that George W. Bush, despite Harriet Meier's claim regarding his brilliance, doesn't read reports, newspapers or intellectually challenge any report that adheres to his preconceived notions, predetermined agendas and/or agendas should be enough evidence on this point. We could even add his mediocre academic performance--despite having access to all of the best preparatory and post-secondary institutions--and his record of failure in many endeavors and at various levels.

But I believe his positions on education, especially his position on NCLB (No Child Left Behind) that speaks volumes on these issues. In the decades between 1950 and 1980 we learned so much about the inherent bias involved in the development of standardized testing approaches. In the 1960s and 1970s we had national and state programs of standardized testing involving "achievement tests" from California, Iowa, ETS and other sources. After decades of testing we discovered that standardized testing was not a very reliable tool when it became the predominant (or only) assessment tool for what was going on in a student's learning process.

We also discovered that using standardized testing inherently held some flaws, not the least of which was the manner in which the instruments were based upon experiences of the dominant caucasian culture. A good example that I remember from my college study of research methods, statistics and educational testing was the use of words like "sofa," "divan," and "settee" in a narrative paragraph describing a social scenario in a reading comprehension test item. A vast majority of minority Americans, especially those with significant language differences in regard to English, African-Americans and/or those coming from a family background with lower socio-economic standing did not recognize these "high brow terms" as meaning the same as a "couch." This lack of contextual recognition came from the simple fact that these kids had never heard these terms used as alternatives for any type of furniture, and in fact most of these terms were words long gone out of common parlance (except for sofa, perhaps) in most family and home settings.

But even the analysis of the testing in longitudinal studies demonstrated that standardized testing was useful for diagnostic purposes, and for generally ranking achievement, but not very useful for comparison of student performance on a district, state, regional or national level. Taking this a step further, if such was the case for so many of the standardized tests in regard to students, how much more inappropriate would using tests for ranking and comparing schools on a regional, state and national level.

Using tests scores as the sole assessment metric for assessing school performance is useless because it negates and ignores so many other factors that can affect school performance. Not the least of these factors is the funding of the school and the manner in which the school board and administrators manage those funds. There are school districts that will fund the sports programming as a higher priority than textbook updates.

Then there is the level of community support for a school or school district. In some places, education is given its due consideration as a means to career advancement and employment, but also as a means to improving the quality of life for the individual, the community, the town/city, the region, the state, and the nation. The very nature and notion of education as a "liberating" and empowering process, as was the common view of our founding fathers, has all but been erased from our schools.

Regardless of whether anyone actually agrees with all that I have written above, no one can disagree that NCLB is yet another un-funded mandate coming from the federal government. The funds necessary to address many of the issues that a "non-performing" or "under-performing" school might have aren't forthcoming from the fed. The most important of these issues, in my view, is class size. I have yet to work at a public high school where the class size is below 25, and where the average class size is closer to 30 or 35. Since there is overwhelming evidence points to smaller class sizes as being a crucial factor in teaching and learning quality, as well as outcomes, the funding for the appropriate number of teachers to assure small class sizes has never been forthcoming.

In this regard I have seen the vast majority of teacher union representatives as being equally culpable, placing pay raises in such a high priority that class size always seems to be used as a negotiation tool or wedge. A classic example of this is in the city of Lynn, Massachusetts. Every union contract for the last 30 years has had language to the effect that class size was a major issue and problem. However, at the crucial moment in negotiating the contract, the pressure to reduce and control class size has always given way to pay negotiations. The result is that already over-worked and inadequately paid professionals receive a small bump in salary, but working conditions continue to suck and school performance is neglected. This reality helps neither the teachers nor the students, but benefits the union reps and the administrators to play their political games. It is also important to note that after almost 30 years of representing the union, the long-time union president in this city became a high-level consultant to the school district upon his retirement as an teacher.

But the disregard for education is also illustrated by the funding of our college level students. Regardless of the recent "discovery" of numerous scandals regarding financial aid and student loans, the fact that other nations offer post-secondary education at a reasonable cost, all the while our colleges and universities (including the state and federally sponsored institutions) are raising tuition, fees, room and board to levels that are unreachable for far too many students with potential. This is even more the case in terms of graduate and doctoral degrees. One of the most striking results is that we are importing intellectual assets from nations other than the US and our legal, medical, nursing, engineering, computer and other highly technical and/or scientific fields are filled with foreign-born and foreign-trained professionals.

Not to be prejudicial, but practical, how much concern is a foreign-born, foreign-trained professional going to have for our nation? Given the manner in which the US is perceived and held in low esteem these days in Europe, Asia, Africa and South America, and the fact that most of these professionals are spending their money by investing it in their home nations--many having retirement plans that involve returning to their nations of origin--it would seem counter-intuitive to allow so many HB-1 visas for such professions instead of funding our own students for these same positions.

Even further is the disdain for intellect that we see coming from Bush, his merry band of "yes men." and the vast majority of GOP members regarding any intellectual challenge to their world view, agendas and spins on the issues. The difference between the statements and press releases and the outrageous statements and spins from O'Reilly, Limbaugh, Coulter, Robertson, Falwell, et al., is negligible. The words used to describe most college campuses and faculties from Bush and his far-right supporters accuse most, if not all, faculty members of being communists rather than learned in their fields of study. While I can agree that there has been an undermining of academic standards from the influence of socialistic and communistic movements, painting the entirety of education as being communist is neither valid or anything less than an attack on intellectualism and academic achievement.

Even the selection of officials for high positions in government demonstrates the disdain for intellectuals and academic credentials. Harriet Meier is an example. So, too, is Alberto Gonzales. While Chief Justice Roberts has a record of intellectual achievement, the choice of Sam Alito (who was a second choice to Hariet Meier) doesn't even begin to consider his academic, intellectual or scholarly achievements or potential. But none of the Bush choices for the SCOTUS reflect a regard for anything more than the adherence to ideology. Such was the case in the Reagan and previous Bush appointments as well. Even those being offered posts in the district and appellate benches are not being selected for their intellectual abilities, legal scholarship or record of achievement, but for their ideology and support of the Bush/GOP agendas.

The way in which this anti-intellectual/anti-education dynamic plays out even erodes and undermines support for education from the Democrats.

12. Obsession with Crime and Punishment - Under fascist regimes, the police are given almost limitless power to enforce laws. The people are often willing to overlook police abuses and even forego civil liberties in the name of patriotism. There is often a national police force with virtually unlimited power in fascist nations.

The entire approach to the "war on terrorism" has followed a trend that has been used by almost every GOP campaign since the days of JFK and Johnson. Between the law and order approach and the overwhelming focus on welfare reform as the two major causes of all problems in America (and today we add the illegal immigration issue to this litany), we have seen numerous bad policies and laws implemented. Additionally, we have seen operations under the umbrella of law enforcement, especially in regard to drug trafficking, that have held little regard for civil liberties, international law, or effectiveness of the action.

13. Rampant Cronyism and Corruption - Fascist regimes almost always are governed by groups of friends and associates who appoint each other to government positions and use governmental power and authority to protect their friends from accountability. It is not uncommon in fascist regimes for national resources and even treasures to be appropriated or even outright stolen by government leaders.

The evidence of cronyism and corruption is all over the Bush administration and the GOP-controlled congress that has supported his administration. The Abramoff scandals alone point to this major characteristic of fascism. But the Enron scandal touches the White House and the Oval Office. The scandal involving the release of the identity and role of a CIA operative is yet another illustration, involving Scooter Libby, Karl Rove, Dick Cheney and most likely George W. Bush. The firing of eight US Attorneys for political reasons, as well as the hiring of others based upon religious affiliation adds another brick to the Bush House of Scandal. The culture of deceit that has been the forte of the Bush administration.

But even those that have been selected as officers within the Bush administration illustrates the cronyism. Certainly recent history has proven that neither Harriet Meier, Alberto Gonzales, Condaleeza Rice, John Ashcroft or Donald Rumsfeld were among the best possible choices for high political office. But Meier was a crony of George W.'s days in Texas, as was Gonzales. Both are supposed to be well-educated lawyers, but neither of them has an inkling as to what our Constitution is all about. Gonzales held a position on the Texas Supreme Court, but can't figure out that the rights guaranteed in the Bill of Rights and the delineation of powers in the body of our Constitution are not subject to secret rulings, signing statements or the arbitrary whims of a power-grabbing president.

Meier was actually nominated by Dubya for a position on our US Supreme Court, despite the fact that she had no credentials for being nominated. The fact that she stated publicly that George W. is one of the smartest men she has ever met should have tipped the whole nation off that something was awry in the West Wing.

But Rumsfeld, Ashcroft and Cheney are holdovers from previous GOP administrations, some of whom were actually around the Nixon White House and tied to the Watergate scandals in a remote manner. Most of these cronies also had ties to Papa Bush's administration, and many of them had urged Papa to rush into Iraq during the first Gulf War. Fortunately, Papa Bush had better sense and figured out that the name of the game was not to leave a power vacuum and void in the wake of slapping Saddam Hussein down for his ego-maniacal desire to control the Middle East and the oil markets of the world.

Rumsfeld has already been labeled as the "worst Secretary of Defense in history." His utter incompetence, and Bush's staunch support of him no matter how much he screwed up, speaks volumes about how cronies fit into this administration. The fact that Rumsfeld is being considered a war criminal across the Atlantic and some intelligent and law-minded folks are trying to get the International Criminal Court to hear the charges against him illustrates how wrong he was for the job. But in my mind it was Rumsfeld's statement regarding going to war with the "Army you have, not the Army you want" in regard to his failure to see that our troops were properly supplied and protected that seals his fate in hell. When Rumsfeld dies he will find the gates to Heaven blocked by our troops that died and an honor guard from Hell waiting to escort him to the side of Hitler, Stalin, Franco, Pinochet, Tojo and other infamous world figures.

Ashcroft did not possess a clue about American culture, nor the Christianity he professed. He was judgmental and bigoted. He was a prude of extraordinary measure, and he will be remembered for as much folly as will Edwin Meese for his attack on all forms of pornography as the foundation for America's social problems. Like Meese, Ashcroft never let the facts interfere with his ideology, preconceived notions, or his political agenda. He began the programs that Gonzales has continued, including the use of Patriot Act letters, the grabbing of transactional databases, the several programs of unwarranted spying, the desire to search our mails, etc. Ashcroft spent $8,000 to cover up the bronze bust of a statue that had been on the steps of one of our national treasures of architecture because of his modesty, but bared his ass in front of the whole world every time he spoke on issues of importance. When Ashcroft reaches Heaven he will be given an isolated section in which to live out eternity because he believes he is the only one that belongs there.

But the worst of the cronyism is the manner in which contracts and business of our government is being handled. Oil companies--all of which have long-standing ties to the Bush family--are being let off the hook for flagrant violations of law, as well as having to pay royalties to our national coffers because Bush is playing favorites. Granted, the errors in these contracts go back to the Clinton administration, but the last time I checked, any contract that violated the law or was against public policy and/or interest was null and void. A first year law student could make the case against these oil companies and their claim that they do not owe royalties. A second year law student could make the case against the claim these oil companies might have as to the validity of the existing contracts. Imagine our surprise that Bush has ordered the DOJ to take a hands-off approach to these issues.

Then there are the games that the Bush gang has been playing with our environment. The Supreme Court handed Bush and company a major blow when it ruled that the EPA not only had the authority to regulate pollution of our air created by Big Businesses that the Bush folks favored, but the EPA also had a duty to do so. The Bush gang has been trying every possible tactic to allow lumber companies, oil companies and mining companies to claim our natural resources on national lands and wilderness. The coal companies have not been pursued regarding its deadly disregard of mine worker safety. Every possible support has been offered those who want to increase offshore oil drilling despite the fact that protections against major spills and dangers to wildlife have not been resolved.

While there have been obstacles that have kept the Bush gang from flat out surrendering our resources to powerful corporate entities, it has not stopped the overall effort to do so. The no-bid, no-review contracts awarded to Dick Cheney's old company, Halliburton, and its subsidiaries is a perfect example of the issue. While some of us--not me of course--might buy into the argument that the president had the authority to award a no-bid contract on an emergency basis, no one can argue that such a contract should not have been reviewed for its efficacy, accountability and accuracy. The number of contracts that have been proven to have huge amounts of waste, fraud and/or mismanagement is staggering. The number of already built projects that are crumbling and failing--not due to combat damage but due to poor quality in design and construction--after only 1 or 2 years after completion is also staggering. The number of projects that have administrative costs exceeding 40% of the costs incurred, without even the foundation of these projects being completed, causes even more staggering wonder and awe at the level of corruption. Even when a Halliburton subsidiary delivered undrinkable bottled water to our troops we did not see a proper response from anyone in the Bush administration.

President Eisenhower warned us that this sort of stuff was happening, but there has never been any political will in DC to stop it. Bush and his gang of fascist thugs have only taken full advantage of our neglect over these issues and exploited them in ways not previously considered for fear of impeachment, prosecution and outrage from the American people. Where is that outrage? Where is the prosecution? Where is the impeachment?

14. Fraudulent Elections - Sometimes elections in fascist nations are a complete sham. Other times elections are manipulated by smear campaigns against or even assassination of opposition candidates, use of legislation to control voting numbers or political district boundaries, and manipulation of the media. Fascist nations also typically use their judiciaries to manipulate or control elections.

Bush's first administration was "won" under what most intelligent human beings would consider fraudulent means. In fact, the average European human being cannot believe that our courts supported his win. The GOP smeared John Kerry with a lot of messages regarding his "flip-flopping" and lack of character. Well, we now know that John Kerry was not the best candidate for the job, but he would have been a hell of a lot more principled and controllable than George W. I doubt Kerry, or Gore from the first run, would have authorized the sweeping secret spying operations, or employed the claim to signing statements, or authorized the use of torture and/or extraordinary rendition. In fact, I doubt that either one of those folks would have established a indefinite detention center at Gitmo, never mind creating the culture of abuse that formed the foundation for the abuses at Abu Ghraib and elsewhere.

The use of governmental meetings in violation of the Hatch Amendment to push ideological and political agendas is another example of election fraud. Our government employees are not supposed to be pressured to conform to political agendas or to be subjected to political assaults of this type. The firing of competent US Attorneys with proven records of achievement based upon political, ideological and religious affiliation is yet another example of how Bush has fulfilled this characteristic of fascism.

But the issue that smacks me in the face most is the exclusivity that Bush and others in his administration have used in regard to who can attend public appearances--campaign-related and otherwise--by the president, vice president and other high officials. The fact that folks that do not necessarily support Bush have had to peacefully protest at distances up to five miles away from where Bush was appearing, rather than right outside the show like other presidents have had to endure, illustrates his disdain for the First Amendment and the lengths to which he and his gang will go to control political processes. The right to address our leaders and seek redress of grievances has been violated by Bush and his gang in a fascist manner at almost every turn.

It is important to note that all of Bush's fascism is displayed not only in identifiable incidents that illustrate Dr. Britt's 14 characteristics, but the collective behaviors overlap and work in congruent ways to create a distinct pattern of fascism. The only difference between Bush's fascism and the fascism of other world leaders throughout history is the degree to which he is able to effect it under our system of government. But even that has become a questionable distinction. There may be arguments that Bush is not as bad as Hitler, Mussolini, Stalin or Pinochet. But I would argue that such is not the case. Instead, we have had so many excuses made for Bush and so much propaganda that we haven't bothered to take notice that his methods and ideology are as bad as those employed by Hitler, Stalin, Mussolini, Franco, Pinochet or others. We can always make excuses. It is immeasurably harder to take action and stand up against fascism.

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Signs Of Erosion In Iraq & Our Own Military

Al-Maliki Support Eroding in Iraq

Not only are we witnessing numerous scandals involving our own military, the breakdown of authority over Iraqi forces by the Iraqi government, the mobilization of sectarian militia and protesters at the beck and call of sectarian clerics, now we are seeing the faith, credibility and confidence in Iraq's Prime Minister al-Maliki eroding away.

The Bush gang keeps citing the improvements and the momentum of the al-Maliki government as the basis for recent troop surges and the staunch defense of the Bush Doctrine to remain in Iraq despite the call for withdrawal. But, as has been the case since the call for the AUMF that prompted Bush to invade and occupy Iraq, we have been lied to on a consistent basis. Recent hearings before Congress has revealed that military commanders have been co-opted into this "culture of deceit" and campaigns of controlling what information reaches Congress and the People of the United States.

Similar to the situation involving Alberto Gonzales, president Bush is sticking to his guns and stating full support for al-Maliki. But Bush also stuck to his guns for Rice, Meier, Ashcroft and Rumsfeld, all of whom have been among the worst officials of the executive branch we have ever had.
A broad range of prominent Iraqi lawmakers say they have lost confidence in Prime Minister Nouri al-Maliki's ability to reconcile the country's warring factions. A leading Kurdish lawmaker said al-Maliki should resign.

Legislators from several parties told USA TODAY that al-Maliki lacks the support in parliament to push through laws, such as a plan to distribute oil revenues, that could reduce tensions between Sunnis and Shiites. Iraq's parliament has failed to pass major legislation since a U.S.-led security plan began on Feb. 14.

"He is a weak prime minister," said Mahmoud Othman, a Kurdish legislator who supported al-Maliki until recently. "This government hasn't delivered and is not capable of doing the job. They should resign."

The loss of support came as Democrats agreed Monday on legislation that would force U.S. troops to begin leaving Iraq by Oct. 1. President Bush, who said he would veto the bill, has argued that Iraq's government needs more time to calm sectarian violence.

U.S. Defense Secretary Robert Gates said in Baghdad last week that the U.S. military commitment is not "open ended" and will be re-evaluated in late summer based in part on whether parliament has made progress. Al-Maliki seems unable to broker deals among the fractious alliance of Kurds and Shiites who supported his appointment last May, said Qasim Dawood, a member of al-Maliki's coalition.

"The present government is not competent," said Dawood, a Shiite legislator. "It's more or less paralyzed, inactive. I doubt very much that this government can continue in power much longer."

A political adviser to al-Maliki, whose term ends in 2010, said that the prime minister has no power to pass laws by himself. "We can only ask, push, the (parliament) to approve," Sadiq al-Rikabi said.

Al-Rikabi said there is no viable alternative to al-Maliki as prime minister. "Suppose he resigns," al-Rikabi said. "Then what is the solution?"

The Bush administration "has confidence in Prime Minister Maliki," said Gordon Johndroe, a spokesman for the National Security Council.


U.S. Command Shortens Life of ‘Long War’ as a Reference

It also appears the the leadership within the DOD and the Pentagon are experiencing some erosion in terms of the commitment they are willing to make to the "never ending war" in Iraq and on terrorism. It is clear that military measures are not the right tool or resource for tracking down and bringing terrorist criminals to justice. Nor are they the right tool for spreading democracy, and our military leaders are ALL beginning to take notice. The wearing away of the propaganda use of the "long war" offered by Bush and company is just the first sign that the Bush Doctrine, the Bush administration, and the "war on terror" are failures.
When the Bush administration has sought to explain its strategy for fighting terrorism, it has often said the United States is involved in a “long war” against Islamic extremists.

The phrase was coined by Gen. John P. Abizaid before he retired as head of the Central Command. It was intended to signal to the American public that the country was involved in a lengthy struggle that went well beyond the war in Iraq and was political as well as military.

It would be a test of wills against “Islamofascism,” as President Bush once put it. It would also be a historic challenge that spanned generations much like the battles against Communism.

As it turned out, however, the long war turned out to be surprisingly short-lived, at least at the command that pioneered the term. After taking over last month as the head of Central Command, Adm. William J. Fallon quietly retired the phrase.

Military officials said that cultural advisers at the command had become concerned that the concept of a long war alienated Middle East audiences by suggesting that the United States would keep a large number of forces in the region indefinitely.

Admiral Fallon was also said to have been unenthusiastic about the phrase. He has stressed the importance of focusing on the difficult situation in Iraq and in achieving results as soon as possible. The notion of a long war, in contrast, seemed to connote an extended conflict in which Iraq was but a chapter.

The change “is a product of our ongoing effort to use language that describes the conflict for our Western audience while understanding the cultural implications of how that language is construed in the Middle East,” Lt. Col. Matthew McLaughlin, a spokesman for the command, said in an e-mail message. “The idea that we are going to be involved in a ‘Long War,’ at the current level of operations, is not likely and unhelpful.”

“We remain committed to our friends and allies in the region and to countering Al Qaeda-inspired extremism where it manifests itself, but one of our goals is to lessen our presence over time. We didn’t feel that the term ‘Long War’ captured this nuance,” he added.



Afghan Torture Claim Prompts Calls for Canada Defense Chief Resignation

It also appears, based on this report and the withdrawal of coalition forces by other nations, and the almost universal back door condemnations of the US approach to terrorism, detention and the treatment of those in US custody or under US control.

But a culture of deceit, abuse and scandal seems to be the only thing the Bush administration can offer. It is apparent that the contamination brought into Iraq is also being brought to Afghanistan. This culture is being mimicked by the Iraqis and Afghanis in many ways, including the treatment of captives, the indiscriminate use of torture and military might on intelligence suspects, is eroding any hope of success in either place.

Additionally, we are being taken to task on our abuse of human rights, due process and our hypocrisy. It is shameful that our trusted neighbors and allies are forced to take us to task instead of being able to approach us and seek a balanced solution to the problems they see as relevant and important. The disgrace of our actions is now being felt by leaders in other nations because they, too, are caught in the ethical trap that we have created over there.

We seem to be spreading the contamination of evil all over the world.
Thirty terror suspects were tortured by Afghan security forces after being being transferred from Canadian custody, the Toronto Globe and Mail reported Monday. The detainees gave accounts of being beaten, electrocuted, starved, and left in freezing temperatures while detained in Kandahar province jails. The report prompted calls for the resignation of Canadian Defense Minister Gordon O'Connor by Canadian opposition members from the New Democratic Party, Liberal Party, and Bloc Québécois. Opposition MPs also called for an end to the prison transfers and for a public inquiry to be held. O'Connor and Prime Minister Stephen Harper maintain that Canadian troops did nothing wrong but pledged to investigate the allegations.

In February the Canadian government ordered an official inquiry into reported detainee abuse in Afghanistan. The probe began following a civilian complaint filed by University of Ottawa law professor Amir Attaran, whose research uncovered a pattern of suspicious injuries on three detainees captured last April and later released. In 2005, Chief of Defense Staff Gen. Rick Hillier signed the Canada-Afghanistan Detainee Agreement authorizing the transfers; Attaran said the agreement did not give Canada the power to inspect detainees after their transfers, thus allowing broad latitude for torture to occur.

Tuesday, April 24, 2007

The "ABC" Disconnection

My mother-in-law and father-in-law are wonderful people. They really are quite generous and loving. But they belong to the ultra-conservative Christian Right. As such they provide me with the perfect "sounding board" for any of my political, scientific or social arguments. If I have a viewpoint that I want to test out against the views of the Christian Right, all I have to do is let a "trial balloon" loose in one of our many conversations and I immediately get smacked in the face with the same arguments that Jerry Falwell, Pat Robertson, James Dobson, Tim and Beverly LaHaye and other right-oriented Christians.

Abortion is one of those issues that we disagree on. While I am a Christian and hold personal convictions against abortion, I also belief that God gave us choices and the freedom to be in charge of making those choices, and responsible for the same. As human beings we are inherently imperfect in our decision-making process. Throughout our history we have relied on a lot of false and inaccurate information when making many of our choices. Historically, the Christian Church, in all its manifestations, has led people to believe certain things as being "truth" that were not so. In fact, many Christians who developed contrasting or competing views, based on observation and experimentation, were persecuted, punished, ostracized or put to death.

But somewhere along the way human beings discovered science. Science began opening our eyes to some truths. However, even the best science is conducted by human beings and suffers the same inherent potential for flaws in the reasoning, including bias, prejudice and errors. But science, unlike religion or faith, if done in a conscientious manner offers us a forum and a methodology for our work to be tested, proven and critiqued. Still, not everyone approaches science in such a conscientious manner. Further, we sometimes design our experimentation based on theoretical assumptions that are later proven to be either inaccurate or incomplete. In such a case, science provides us with a forum and methodology for revamping our assumptions, our theories and re-work our experiments.

But, like my in-laws, man within the Christian Right are so convinced about the teachings of their pastors (rather than independently studying Scripture, Church history, linguistic origins of the Bible, etc.) that they refuse to listen or hear any criticism or conflicting information, especially if that information comes from science. A good example of this is the debate on evolution. There are very few scientists that do not acknowledge evolution as a sound theory and foundation for biological science. There is a tremendous amount of research, observation, experimentation and information that supports evolution as a sound theory.

In the case of abortion, many within the ranks of the Christian Right are so entrenched in their world view, which is often fed to them as doctrine, that any opportunity to criticize and discredit those that believe in abortion rights or provide science-based information on abortion. Some within the Christian Right have even gone so far as to interfere with the civil liberties of others. Some have even advocated, or actually committed, murder of those that perform abortions.

Many within the Christian Right have made claims, based on some reports coming from the United Kingdom and a few studies done on rats (which I think are inherently unethical), that there is a link between abortions and breast cancer. In the last couple of days a science-based report that followed stringent rules regarding the conduct of the observation, experimentation and statistical/epidemiological analyses has been released that clearly indicates that there is no link between abortion and breast cancer.

I have conducted a literature review on this issue, looking for flaws in the science claims and arguments offered from both sides of this debate and disagreement. What I discovered was that those studies done in the UK were funded and conducted by folks that were committed to finding ways to discredit abortion on the basis of their beliefs. The study with the rats was conducted in a manner that does not hold up to scrutiny by peers in the scientific community. There are flaws in the methods, the theoretical assumptions, and the bias being brought into the process.

But, as I stated above, science provides us with a method of testing the findings of any given study. The method requires that any study reporting findings be submitted to the scrutiny of other scientists. In fact, what is required as the "gold standard" in this regard is a repeat of the entire set of observations, experiments and analyses, resulting in an identical, or almost identical, result. Statistical and epidemiological analysis requires scrutiny of the mathematics, the statistical test chosen for the analysis, and a review of the data and its collection methods.

But abortion has become a major political football and religious views, ideologies and emotional arguments have been brought into the process. Since politics is often based on the will, whims and emotions of a majority, or at least those in control (cultural relativism), our laws do not always adhere to standards and principles derived from science or reputable information. Such is the case in at least five states that have passed laws that require family planning clinics and gynecology health care centers to provide women with information that links abortion with breast cancer. But, as this recent, very valid study reveals, such a link does not exist and the basis promoted by the majority or powerful is significantly flawed and erroneous.

The claim that there is a higher risk of breast cancer among women that have undergone an abortion is false and does not hold up under stringent scientific and medical practice scrutiny. The evidence for the so-called ABC Connection (Abotion-Breast Cancer Connection) is bogus and utterly false. The laws that require distribution of information claiming the link is real is an injustice in both a moral and legal sense.

But the Religious Right, especially the Christian Right, has a history of deliberately skewing the information it promotes and distributes in favor of their world view, indoctrination and teachings of their pastoral leaders (very few of whom have a background in science and/or medicine).

A case-in-point is the effort to force a school district in Dover, Pennsylvania, to include instruction and information regarding "intelligent design" as an acceptable and alternative theory of biological science, in direct contrast and contradiction of evolution. The claim by the Christian Right was that this was not "Creation Theory" (creationism) or biblical doctrine, but a genuine and valid scientific theory. However, as was delineated in the court's decision, the Christian Right proponents in this case misrepresented the information, including an outright lie about the origins of literature espousing "intelligent design" as being different from the Christian version of creationism.

The information provided by the Coalition on Abortion and Breast Cancer, and touted by its president, Karen Malec, at every corner of the nation and at every opportunity possible is skewed and biased. The proof of this claim of bias and skewed information is present on the Coaltions own web site:

1. Karen Malec, who has been the president of the coalition since 1999, has no legitimate credentials in science or medicine. Her bona fides comes strinctly from her work as an advocate against abortion and pro-choice policies and laws. Her wiring has always been for anti-abortion outlets and media and none of her work has ever been submitted to stringent review by peers in the science community.

2. The Board of the Coalition do not have a lot of credibility in terms of science credentials either. While one member does have a Ph.D and another has an M.D., both of these folks have been long-term members of the Religious Right and have brought their bias and advocacy views (ideology) to the forefront of their claims and reports.

In the case of Dr. Brind, most of the work he has done regarding the link between abortion and breast cancer were published or released by pro-life organizations like the National Right to Life News, as indicated on his Baruch College web page listing of his publications. While he is a recognized professor in life sciences, none of his work on the ABC Connection has withstood scrutiny by peers in the scientific community.

In the case of Dr. Chris Kahlenborn, he is a doctor of internal medicine, not a gynecologist, a pharmacologist, endocrinologist or oncologist. His reviews and writings on the ABC Connection have been predominantly published or released on pro-life sites like Life Issues, which is operated by the Catholic Missionary Oblates of Mary Immaculate.

There is an inherent conflict in the approach used by both of these people.

John Kindley is a lawyer that has a record of pushing pro-life law suits, legislation and causes. Babette Francis works for the Endeavour Forum, a group that defines its purpose as "Endeavour Forum was set up to counter feminism, defend the unborn and the traditional family." Penny Pullen is a former member of the Illinois House, and a representative of the Life Advocacy Project, a pro-life, Religious Right advocacy group. While I did not bother to research the background of the other board members, it is clear that all of the board members have a specific bias in the way they conduct their "research" into these matters.

In contrast to the advocacy approach espoused by the folks named above, I believe in researching both sides of an issue. Even when I engage in advocacy, I endeavor to remain honest in my research efforts. In pursuit of that honesty, I subscribe to organizations and media outlets that offer contrasting and opposing views. I have even worked with anti-abortion advocates in researching these issues. As I have stated, I believe abortion is morally, spiritually and religiously wrong. But I am a Catholic and I base that belief on my reading of Scriptures, the teachings of my Church (not just one preacher) and my own experience in medicine, nursing, science, ethics and history. But I am also a civil libertarian that believes the principles embedded and embodied in our Constitution are essential for our society and are God-given, one hundred percent in congruence with the principles given to us by Christ.

So, we now have reliable data and study of the ABC Connection, and there is no such link, according to a study that will withstand the scrutiny of peers and provide similar results in future studies that use the same methods and standards.

Study Doesn't Back Abortion-Cancer Link
Neither induced abortion nor miscarriage appears to influence breast cancer risk in premenopausal women, a new U.S. study concludes.

"In this cohort study of young women, we found no association between induced abortion and breast cancer incidence and a suggestion of an inverse association between spontaneous abortion (miscarriage) and breast cancer incidence during 10 years of follow-up," says a team from Brigham and Women's Hospital, Harvard Medical School and the Harvard School of Public Health, Boston.

They reported their findings in the April 23 issue of the Archives of Internal Medicine.

The researchers examined data on almost 106,000 women who took part in the Nurses' Health Study II, which began in 1993. The women were ages 29 to 46 at the start of the study.

Among the women, more than 16,000 reported having had an induced abortion at some point in their lives and almost 22,000 reported having had a miscarriage. Between 1993 and 2003, there were 1,458 new cases of breast cancer diagnosed among the women.

They found no link between abortion, miscarriage and breast cancer generally. However, "we observed associations in two subgroups, an association between induced abortion and progesterone receptor-negative breast cancer (cancer that does not respond to the hormone progesterone) and an inverse association between spontaneous abortion before the age of 20 years and breast cancer incidence."

The researchers noted that these secondary analyses were based on small numbers of women, however. "No obvious mechanisms can be provided for these subgroup findings; thus, chance has to be considered as a possible explanation," they wrote.


Study Doesn't Back Abortion-Cancer Link
A Harvard study released Monday supports earlier findings by a panel of experts that having an abortion doesn't increase a woman's risk of getting breast cancer.

However, this latest analysis isn't likely to convince all those opposed to abortion. Three states _ Texas, Minnesota and Mississippi _ require doctors to warn women seeking abortions of the purported link to breast cancer "when medically accurate," letting doctors make that determination based on current scientific evidence.

In 2003, a group of scientists convened by the National Cancer Institute concluded abortion did not raise the risk of breast cancer.

What evidence shows is that childbearing before the age of 35 reduces a woman's breast cancer risk and breast-feeding also helps, said the new study's lead author Karin Michels of Harvard Medical School. Scientists believe breast cells that have gone through a full-term pregnancy gain protection against cancer, she said.

Studies that found a link between abortion and breast cancer have relied on reports from women with cancer and healthy women about whether they'd had abortions in the past. The women with cancer may have been more likely than healthy women to report abortions as they searched for reasons why they got sick, Michels said.

The new study, appearing in Monday's Archives of Internal Medicine, looked at data from 105,716 women participating in the Nurses' Health Study, which was established in 1976 to study a wide range of health issues affecting women.

The women, ages 29 to 46 at the start of the study, were followed for 10 years. Every two years, they were asked about abortions, miscarriages and new breast cancer diagnoses. The researchers looked at medical records to confirm the diagnoses.

The researchers found no greater rate of breast cancer among the women who reported having abortions, compared to the other women. They saw no greater risk associated with multiple abortions and no greater risk linked with miscarriages.

Joel Brind, a biochemist with City University of New York's Baruch College, was the sole dissenter to the 2003 NCI report on abortion and breast cancer. He said the new study is flawed because it included very recent abortions _ too recent for them to contribute to the development of cancer. Including those abortions in the analysis may have diluted the cancer rates, he said.

Michels said more than 90 percent of the abortions in the study occurred before 1993.


Anger Over Abortion Cancer Study - December 2001
A study claiming women who have an abortion could double their chance of developing breast cancer has been attacked by experts.

The study was funded by the pro-life charity LIFE, and indicated that over the next 26 years, up to 50% of breast cancer cases in England and Wales could be "attributable to abortion".

But the Royal College of Obstetricians and Gynaecologists (RCOG) said there was no new evidence of a link, and accused LIFE of "mischief-making".

Scientists behind the study, carried out by independent statisticians from the Populations and Pensions Research Institution, say the connection could be due to oestrogen levels rising significantly during the first three months of pregnancy.

Professor Allan Templeton of the RCOG said he knew of no new evidence proving a causal link between abortion and breast cancer.

"LIFE are mischief making and we do not support the sensational reporting of this study which serves no other function than causing anxiety amongst women.

"We reiterate our advice to women that no causal link between abortion and breast cancer has been proven and that this report should not influence women in making decisions about abortion at difficult times in their life."

Oestrogen Connection

The research, led by Patrick Carroll, looked at breast cancer and abortion rates in Britain, Finland, Sweden and the Czech Republic.

It made a direct statistical link between rising cases of breast cancer and an increase in abortion rates since it was legalised.

It said the total number of breast cancer cases was expected to more than double from 35,110 in 1997 to 77,000 in 2023, "largely" because of abortions carried out on women who have not yet had a baby.

He said: "Breast cancer incidence has risen ... in parallel with rising abortion rates. There is no doubt there is a causal relationship."

He estimated up to 50% of cases could be attributable to abortion."

Launching the research, Professor Joel Brind, director of the Breast Cancer Prevention Institute in New York, said the increase in oestrogen levels of around 2000% during the first three months of a pregnancy was the most likely way risk was increased in women who had an abortion.

He added: "Women are at risk and they do not really know about it. They certainly don't seem to be finding out about it from the NHS.

LIFE estimates that by the end of 2001, at least 22,000 women in England and Wales could have developed breast cancer as a direct result of having had abortions carried out under the 1967 Act.

They say this means around about 5,500 women could have died or will die as a direct result.

"Unless there is a major advance in the near future in prevention we predict that by 2003 over 360,000 women may have developed breast cancer directly attributable to abortion. Most of their abortions have already taken place," said Professor Jack Scarisbrick of LIFE.


Abortion, Miscarriage, and Breast Cancer Risk
Introduction

A woman’s hormone levels normally change throughout her life for a variety of reasons, and these hormonal changes can lead to changes in her breasts. Many such hormonal changes occur during pregnancy, changes that may influence a woman’s chances of developing breast cancer later in life. As a result, over several decades a considerable amount of research has been and continues to be conducted to determine whether having an induced abortion, or a miscarriage (also known as spontaneous abortion), influences a woman’s chances of developing breast cancer later in life.

Current Knowledge

In February 2003, the National Cancer Institute (NCI) convened a workshop of over 100 of the world’s leading experts who study pregnancy and breast cancer risk. Workshop participants reviewed existing population-based, clinical, and animal studies on the relationship between pregnancy and breast cancer risk, including studies of induced and spontaneous abortions. They concluded that having an abortion or miscarriage does not increase a woman’s subsequent risk of developing breast cancer. A summary of their findings, titled Summary Report: Early Reproductive Events and Breast Cancer Workshop.


Wikipedia: Abortion-Breast Cancer Hypothesis

This Wikipedia entry on the ABC Connection is a great outline of the debate, the research, the biases, the politics and other issues tied into the social and cultural beliefs on these matters.

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A Fallen Hero Finally Gets His Just Due & Civil Rights

Use of Wiccan Symbol on Veterans’ Headstones Is Approved

Back in July of 2006 I became aware of a civil liberties battle that involved a veteran killed while serving on active duty in Afghanistan as a member of the Nevada National Guard and the refusal of the federal government, by way of the Veterans' Administration, to allow a Wiccan religious symbol to be placed on his headstone and on a memorial plaque honoring our fallen heroes. In that post, An Unconstitutional Refusal To Honor A Fallen Hero, I noted that while on active duty myself, and being a practicing Buddhist at the time, I was not allowed to express my religious preference on official Navy documents while in Boot Camp.

As a veteran, and a civil liberties advocate, I was appalled by the continued preference afforded to only certain religious groups (the VA had previously allowed 38 religious symbols, many of which are different Christian symbols). Up until the 1980s, this list of "approved symbols" did not include a lot of religious traditions outside of the Abrahamic traditions and a few other major religions of the world. Somewhere along the chronology the list was expanded to include 38 symbols. However, alternative symbols have been stringently resisted while conservative administrations have held the reins of the executive branch. The fight to include a symbol for the Wiccan tradition took over 10 years. While I am pleased that this fight has finally allowed one of our fallen heroes to receive the recognition of his service and fulfillment of his rights, I am disgusted that it took over ten years to allow religious preferences to be acknowledged and allowed.

I am further appalled at some of the conditions set out as part of this settlement, including provisions that copies of e-mails, transcripts and memos, some of which come from George W. Bush when he was governor in Texas. Another particular of the case was that no reference to President Bush's involvement in the case can be asserted. While the civil liberties advocates that brought the suit never made such a claim, it is clear that President Bush (and possibly his administration and cabinet officers) holds unrestrained prejudice and has sought discriminatory practices against Wiccan practitioners in the past. I am not sure I could prove Bush's employed his bias and discrimination to influence these matters in a court of law, but it is not a far reach for a reasonable person to conclude that there was some sort of pressure to employ Bush's views on the subject.

To settle a lawsuit, the Department of Veterans Affairs has agreed to add the Wiccan pentacle to a list of approved religious symbols that it will engrave on veterans’ headstones.

The settlement, which was reached on Friday, was announced on Monday by Americans United for the Separation of Church and State, which represented the plaintiffs in the case.

Though it has many forms, Wicca is a type of pre-Christian belief that reveres nature and its cycles. Its symbol is the pentacle, a five-pointed star, inside a circle.

Until now, the Veterans Affairs department had approved 38 symbols to indicate the faith of deceased service members on memorials. It normally takes a few months for a petition by a faith group to win the department’s approval, but the effort on behalf of the Wiccan symbol took about 10 years and a lawsuit, said Richard B. Katskee, assistant legal director for Americans United.

The group attributed the delay to religious discrimination. Many Americans do not consider Wicca a religion, or hold the mistaken belief that Wiccans are devil worshipers.

“The Wiccan families we represented were in no way asking for special treatment,” the Rev. Barry W. Lynn, executive director of Americans United, said at a news conference Monday. “They wanted precisely the same treatment that dozens of other religions already had received from the department, an acknowledgment that their spiritual beliefs were on par with those of everyone else.”

A Veterans Affairs spokesman, Matt Burns, confirmed that the “V.A. will be adding the pentacle to its list of approved emblems of belief that will be engraved on government-provided markers.”

“The government acted to settle in the interest of the families concerned,” Mr. Burns added, “and to spare taxpayers the expense of further litigation.”

There are 1,800 Wiccans in the armed forces, according to a Pentagon survey cited in the suit, and Wiccans have their faith mentioned in official handbooks for military chaplains and noted on their dog tags.

At least 11 families will be immediately affected by the V.A.’s decision, said the Rev. Selena Fox, senior minister of Circle Sanctuary, a Wiccan church in Wisconsin.

In reviewing 30,000 pages of documents from Veterans Affairs, Americans United said, it found e-mail and memorandums referring to negative comments President Bush made about Wicca in an interview with “Good Morning America” in 1999, when he was governor of Texas. The interview had to do with a controversy at the time about Wiccan soldiers’ being allowed to worship at Fort Hood, Tex.

I don’t think witchcraft is a religion,” Mr. Bush said at the time, according to a transcript. “I would hope the military officials would take a second look at the decision they made.”

Americans United did not assert that the White House influenced the Veterans Affairs Department. Under the settlement, Americans United had to return the documents and could not copy them, though it could make limited comments about their contents, Mr. Katskee said.

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Monday, April 23, 2007

Justice System & Death Penalty Needs Review

DNA To Clear 200th Person

I have often heard that our system of justice is not perfect, but it is the best in the world. Well, that is all fine and dandy unless you are the victim of a wrongful conviction. This news report indicates that we have reached a milestone where the 200th person is being cleared by DNA evidence. Of course, this person has already served almost 25 years in prison. So now when I hear that old rub about our system being the best in the world I have to wonder if we cannot improve upon a system that is obviously munged in all the wrong places.

When we watch the lawyer shows on television we see a fantastical portrayal of how the system works. The lawyers and cops always seem to get their convictions, with a few exceptions, in the end of the process. But some of these shows illustrate the flaws in our system. Those flaws include the following dynamics:

1. Our law enforcement investigative process is often munged because the police find a likely suspect and then stop trying to work the evidence because a probable suspect is identified. I do not mean to belittle the great efforts by our police. Many cops are honest, hard working and driven by a sense of ethics and professionalism. However, as my grandmother told me many times, "It only takes one bad apple to ruin the barrel." If even one investigator takes a shortcut, or doesn't follow proper investigative process, then the entire system gets munged. We know from experience and history that there have been a lot of wrongful convictions based on these types of errors.

2. Our evidence collection process is often munged because of the field work by criminalists or laboratory processing not being done under stringent conditions. In my own work experience I have seen criminal cases blown because the lab used to process blood evidence was not adhering to proper lab procedures. I have also seen cases blown because the chain of evidence is broken. A good example of this is the now infamous O.J. Simpson case.

Then, too, there are questions about the validity of certain lab processes and evidence analysis. DNA testing is a great example of this type of problem. While DNA is a great forensic laboratory process with great potential to include or exclude a suspect, the problems with DNA lie in how it is collected and how it is processed. Many of the labs conducting DNA analysis have been found to be doing so with problems of cross-contamination, not adhering to the strictest laboratory standards, or having a record of poor processing (creating false outcomes).

Fingerprints, too, are not as reliable as we once thought. We were once told that all fingerprints are unique. We now know that is not always the case. Additionally, the history of fingerprint analysis is filled with problems, including working off of a six-point identification comparison, or a ten-point identification comparison. We now know that anything less than a fourteen-point identification comparison is likely to be wrong in as much as 25% of the cases. Even at the fourteen-point level of comparison there may be a margin of error greater than three percent.

Further evidence problems have been the result of dental records, bite mark analysis, bite radius comparison and dental reconstruction techniques used in a lot of cases. Not too long ago there were reports of a bite mark and bite radius expert from Louisiana that was used in cases all over the United States who was found to have no genuine credentials in the field of forensic anatomy, forensic dentistry or even laboratory science. Making things worse, many subsequent forensic studies have brought the entire concept of analyzing bite marks and bite radius into question. In terms of dental records, most people receive treatment from dentists in five or six places and several different dental practitioners over their life time. It is almost impossible to track each one of these practitioners down to find all the records to assure an adequate and accurate dental comparison.

3. Our system of legal representation is munged. Unless a suspect or accused is inherently wealthy enough to purchase the services of a legal "dream team," most suspects are left to their own devices for legal representation, or to the public defender system.

There is no way to actually verify the quality of the legal services being provided to a person paying for legal representation out of pocket. There is no genuine record of the cases lost or won by any given attorney. A lawyer can represent a person in any type of case, even if their experience and expertise in a particular area is not proven. While in the bigger metropolitan areas lawyers often specialize in certain types of practice, in the less metro areas of our nation--of which there are a lot more than metro areas--lawyers often offer services in criminal, family, estate and civil litigation and representation. The reality in these cases is that the lawyer chosen from the yellow pages or even word of mouth referral may not be competent enough to represent a suspect fairly and fully.

In terms of legal aid and public defender representation, the system has been under systematic attack for over 15 years. Under the last several GOP presidential administrations and GOP-dominated congresses the funding for legal aid and public defender organizations have been cut dramatically... even drastically. The case load of most public defenders is so large and so time consuming that case management often achieves only a fair to basically competent level. In this type of legal environment, many questions and investigative options are not possible by the defense.

4. We rely too much on pleading out and negotiating our criminal cases. When an accused person does not have the resources to fully investigate the evidence against them, as is the situation in the vast majority of criminal proceedings, there is a tendency to push the pleading out process and agenda. The prosecution doesn't mind doing this in a lot of cases because it represents a conviction on their side of the equation and saves money in the long term. The public defenders do not mind this process in most cases because it helps to clear their caseload. The courts do not mind this process because our courts are so filled with cases, the less time spent in actually conducting a trial the better.

But plea bargaining seems to benefit everyone except the suspect or accused in most cases. The process doesn't seem to mind that justice, as intended and defined by our forefathers and framers, is not always the objective of the process. Most lawyers are trained, in law school and on the job, that justice and the law are two disparate and distinctly different notions, process and objectives.

5. Court procedures, rules of evidence and dockets are often too confusing and bungled to allow an accused person to fully understand the entirety of the case in which they are involved. While lawyers are supposed to educate their clients as to the process, rules and possible outcomes, it has been my experience as an expert witness and state witness against accused persons that such is not always done. Our laws and courts are too far removed from the reach of the average citizen. Even the filing fees and the preliminary screening processes make justice unreachable in a lot of cases.

A case on point is a situation in which I got involved in trying to negotiate a housing problem for one of my brothers. The landlord had removed the door to his apartment and stolen the rent money. We had this on videotape and had two other tenants willing to testify that they saw the landlord remove the door. Clearly this was a violation of housing laws as well as a criminal offense. As a housing advocate with several years of experience, I went to see the landlord to negotiate some sort of resolution. I had another apartment available for my brother to move into within a relatively short time as a back up if negotiations failed. As I entered the landlord's place of business and identified myself, he and his wife began kicking, screaming and punching at me.

The long and short of it is that we ended up at the court house in front of one of the clerks in the probable cause process. We had videotape, witnesses and adequate evidence to demonstrate criminal and civil breaches of the law. Upon entering the clerk's office the landlord called my mother a dirty name and tried to punch her in the back of the head while the clerk was reading over the case file. When we complained, the clerk kicked us out of the office and sided with the landlord and his wife. We were immediately referred to a mediation agency rather than being allowed to bring the case before a judge. We had to go to the agency or the clerk would not continue with the probable cause process. When the mediator determined that neither party was willing to participate in the ADR process, we went back to the clerk. He dismissed the case without a hearing.

There was never a moment when justice or due process was made available to us. The clerk used his discretionary powers to rule the case as unimportant and insufficient for a probable cause ruling... without ever examining the evidence brought with us. Similar dynamics exist in a lot of the plea bargaining that occurs in our legal system. Certainly we want plea bargaining and pleading out to be an option in our legal system. But when it becomes the predominant way to deal with cases and causes injustice to occur, we need to re-examine it in its entirety.

6. Justice, and legal representation, costs too much. While our Constitution specifies that justice should not be for sale to the highest bidder, that is essentially how our system works. The court fees alone are an example of arbitrary, capricious and often prohibitive barrier to seeking justice. Lawyers are charging a lot of money for simple representation and a lot more for more complex representation.

A simple letter, often derived from a set of boilerplate templates, can cost a client upwards of a hundred bucks. A court appearance can cost $300 to $600 per hour, including charges for the time a lawyer travels to and from the courthouse (especially true in places where lawyers practice in multiple jurisdictions or rural areas).

Lawyers in the bigger firms are evaluated not only on the cases they win, but predominantly on the number of billable hours (or portions thereof). The old joke is that if a lawyer is wiping his butt in the bathroom and thinking about his caseload, he will bill everyone of his clients a minimum of 15 minutes for that activity.

Most ordinary folks cannot afford legal representation or the time, money and energy it takes to get the court's attention, so justice and a fair process are almost totally removed from their grasp.

7. Getting the courts to open a case to review evidence, consider new evidence, or review the level or representation or violations of due process is harder than pulling teeth from the mouth a an angry, hungry lion. There are several organizations now advocating for such reviews, but even these folks do not seem to be able to guarantee the courts will look at these important issues.

8. The presumption of innocence has become a joke. While our Constitution requires the presumption of innocence, the de facto way the courts and law enforcement work all but eliminates that presumption. It is not supposed to be the way in which we conduct our legal processes, but it has been the case historically and is increasing worsening.

So when I read yet another case where an innocent person has served an excessive amount of time in prison for a crime that he/she did not commit, I get significantly concerned. I especially get concerned when I read that several states are seeking to reinstate or become more ready to assign the death penalty sentence.

We really need to clean up our legal system. The recent undermining of our Constitution and the legal system, and legal standards, by President Bush, John Ashcroft, Alberto Gonzales, Donald Rumsfeld and others raises these issues to new heights. The circumvention of civil rights, human rights, due process and abolition of the right to habeas corpus in those cases against alleged combatants or alleged terrorists is overwhelming evidence that our system is under attack and constant erosion.

A former Army cook who spent nearly 25 years in prison for a rape he did not commit is scheduled today to become the 200th person exonerated by DNA evidence, underscoring the quickening pace of overturned convictions, according to the Innocence Project.

The New York-based legal group says the 100th exoneration occurred in January 2002, 13 years after the first exoneration. It took just more than five years for the number to double.

"Five years ago, people said that the number (of exonerations) was going to dry up because there just weren't many wrongful convictions," said lawyer Barry Scheck, who co-founded the Innocence Project in 1992 to help prisoners prove their innocence through DNA evidence. "But clearly, there are plenty of innocent persons still in prison. There's no way you can look at this data without believing that."

David Lazer, a Harvard University public policy professor who specializes in DNA issues, says improved testing technology and an increase in the number of lawyers who are taking on DNA cases should result in a continued increase in the number of wrongful convictions that are set aside.

Convicting an innocent person is "every prosecutor's nightmare," said Joshua Marquis, vice president of the National District Attorneys Association.

The "tiny number" of exonerations suggests that the "epidemic of bad convictions" that Scheck suggests is "fiction," said Marquis, chief prosecutor in Clatsop County, Ore. There were 1,051,000 felony convictions in state courts in 2002, up from 829,300 in 1990, according to the federal Bureau of Justice Statistics.

The exoneration milestone is to be reached today in Chicago, where Cook County prosecutors and Innocence Project attorneys together will petition a Chicago court to set aside Jerry Miller's 1982 conviction, said Tandra Simonton, a spokeswoman for the prosecutor's office.

Miller, 48, was convicted of raping, robbing, assaulting and kidnapping an office worker in a Near North Side parking lot in September 1981.


REFERENCES:

DNA Tests Prompt Review of '92 Illinois Rape
A man imprisoned for a 1992 rape was one step closer to freedom Friday after DNA tests appeared to clear him in the attack, his attorney said.

Marlon Pendleton, 49, was released on a bond until a hearing scheduled for next Thursday, when a judge is expected to consider a motion filed by his attorneys to vacate the rape conviction.

But Pendleton may have to spend at least several days at Dixon Correctional Center. As a sex offender, Pendleton is required to make living arrangements and work out details for his release, his attorney Karen Daniel said.

Pendleton demanded DNA testing after his rape arrest, but police lab analyst Pamela Fish said there wasn't enough genetic material to test the evidence. Pendleton was convicted based on the victim's identification.

The expert who conducted the new tests, Brian Wraxall of Serological Research Institute, said Wednesday there was "a reasonable amount of DNA."

In addition to the 1992 rape, Pendleton was nearing the end of a 12-year sentence for sexual assault. Pendleton claims that he's innocent in both cases, "and I believe him," Daniel said.



Scientific Testimony: DNA Testing Problems

* Background on Houston Crime Laboratory Scandal (March 7, 2003)
* DNA Evidence Sent Wrong Man to Prison (March 11, 2003)
* More DNA Testing Problems in Virginia: Va. v. Leon Winston (Nov 27, 2005)
* Independent Review Panel (Eisenberg Committee) Report
* Virginia Refuses Condemned Man's Request for Access to Scientific Data That Might
Prove His Innocence (July 7, 2005)
* ASCLD-Lab Review of DNA Testing in the Earl Washington Case
* Update on Lovitt Case (July 9, 2005)

INDEPENDENT INVESTIGATOR ISSUES FIFTH REPORT ON HOUSTON POLICE DEPARTMENT CRIME LAB

Houston Police Department Lab Investigation

Crime & Science: The Weight Of Evidence

Seattle Post Series: Errors In Evidence

Oversight of Crime-Lab Staff Has Often Been Lax
A close look at the Washington State Patrol crime lab reveals a stressed system where officials have been slow to deal with misconduct by longtime employees.

Crime Labs Too Beholden to Prosecutors, Critics Say
Flawed forensic work not only leads to wrongful convictions, it leaves criminals on the street.

That's a good reason to care about reforming state-run crime labs, legal experts say.

"What you have in this country is an epidemic of crime lab scandals," said Barry Scheck, president-elect of the National Association of Criminal Defense Lawyers.

Scheck is co-founder of the New-York based Innocence Project, a group that has helped exonerate 145 wrongfully convicted prisoners.

"Forensic science has to be an independent third force in the justice system," he said, "not beholden to prosecutors and police."

Proposed solutions center on more government scrutiny and better-funded labs. At the top of the list is a federal law requiring crime labs to comply with the same kind of rules medical labs have had to follow since 1967.

Clinical lab workers have to take frequent "blind" proficiency tests that are mixed into their regular work -- unlike crime lab staff who know when they're being tested.

Blind testing would uncover a lot more errors at state crime labs, said Janine Arvizu, an expert from Albuquerque, who has audited federal and private labs. "The forensic industry just won't bite that bullet," she said. "There's this attitude that, 'We work for the good guys -- just trust us.' "

Even the national voluntary accreditation group recommends, but does not require, blind testing.

"If you know it's a proficiency test, the person may do better work than usual and double-check it more," said Ralph Keaton, executive director of American Society of Crime Laboratory Directors.

Washington crime lab officials say blind testing is too costly and difficult to administer. The system would have to design its own tests and collude with police to pass them off as real since forensic scientists consult with officers, said Barry Logan, director of the Washington State Patrol's Forensic Laboratory Services Bureau.

Critics also want a federal law to require regular inspections by independent outside experts and licensing of forensic scientists.

"We really want to get the bad guys who did it," said John Strait, a Seattle University law professor who teaches forensics. "We want reliability in the system."

Shadow Of Doubt
A year ago, the State Patrol conducted an internal audit of Arnold Melnikoff, a forensic scientist accused of improperly testing the evidence in some cases. The audit examined 100 felony drug cases, and troubling flaws were found in 30.

Seventeen of those cases resulted in convictions for crimes ranging from simple possession to making meth. But none of the 22 defendants in those cases was notified about the flaws, a P-I investigation found.

Tarnish On The 'Gold Standard': Recent Problems In Forensic DNA Testing
DNA evidence has long been called “the gold standard” of forensic science. Most people believe it is virtually infallible — that it either produces the right result or no result. But this belief is difficult to square with recent news stories about errors in DNA testing. An extraordinary number of problems related to forensic DNA evidence have recently come to light.


Experts May No Longer Testify That Fingerprints 'Match'
For the first time, a federal judge has ruled that fingerprint experts
cannot tell juries that two fingerprints are a "match" because the science
they rely on does not meet the U.S. Supreme Court's Daubert test.

But Senior U.S. District Judge Louis H. Pollak of the Eastern District of
Pennsylvania stopped short of tossing out all fingerprint testimony in United States v. Plaza, saying such a ruling would be "unwarrantably heavy-handed."

Instead, Pollak sided with the government by taking "judicial notice" of
the fact that fingerprints are both "unique" and "permanent."

He then ruled that the experts on both sides can testify about how the
prints were obtained and the similarities and differences between them,
but are barred from expressing any opinion about whether the prints are a
"match."

The ruling is a huge victory for the criminal defense bar, especially
since it comes from a judge with the stature of Pollak, a former dean of
both the Yale and University of Pennsylvania law schools who is routinely
invited to sit on the U.S. Court of Appeals.

100th Death Row Exoneration
Ray Krone, once labeled the "snaggle tooth killer," signed autographs for fellow inmates as he walked out of prison after being exonerated by DNA. He became the 100th death row inmate to be proven innocent since 1973, the modern death penalty era beginning post- Furman.

Ray Krone was twice convicted for a murder he did not commit. A judge sentenced him to death after the first trial and to life at the retrial. The evidence against him was circumstantial, including shoe prints and bite marks. Due to an accident, he has a distinctive dental pattern. A government expert testified that bite marks on the victim "matched" Ray Krone's teeth print. The argument was he had to be the "snaggletooth killer."

Now that the DNA results have exonerated Krone, the bite marks were compared to Phillips, the sex offender whose DNA was found on the victim. With the DNA results inland, the bite mark "expert" determined that bite marks are not uniquely Krone's pattern-- the bite marks are also "consistent with" Phillips.