[Sosfbay-discuss] [Fwd: Government Files Released to ACLU Reveal Human Cost of War]

[Gerry Gras]

Interesting info about war casualties and government errors.

Gerry


-------- Original Message --------
Subject: Government Files Released to ACLU Reveal Human Cost of War
Date: Fri, 13 Apr 2007 13:27:51 -0500 (CDT)
From: ACLU Online <ACLUOnline at aclu.org>
Reply-To: ACLU Online <ACLUOnline at aclu.org>
Organization: ACLU
To: gerrygras at earthlink.net

ACLU Online
The e-newsletter of the American Civil Liberties Union
Friday, April 13, 2007

*********************************
IN THIS ISSUE:

-- Government Files on Civilian Casualties in Afghanistan and Iraq
Released

-- The Real Face of Real ID

-- As Un-American Military Commissions Resume, ACLU Monitors at
Guantánamo Bay

-- After Stunning Internal Report, Congress Moves to Act on FBI Patriot
Abuses

-- FCC Proposal Attacks Free Speech

-- STAND UP!

IN THE STATES:

	* Florida Clemency Reform Not All It's Cracked Up to Be

	* Over City's Protests, Judge Allows NYCLU to Release Documents on
	Spying During RNC

*********************************
GOVERNMENT FILES ON CIVILIAN CASUALTIES IN AFGHANISTAN AND IRAQ RELEASED

Since U.S. troops first set foot in Afghanistan in 2001, the Defense
Department has gone to unprecedented lengths to control and suppress
information about the human costs of war. But documents made public by
the ACLU this week provide a vivid window into the lives of innocent
Afghans and Iraqis caught in conflict zones.

Hundreds of claims for damages by family members of civilians killed
by Coalition Forces in Iraq and Afghanistan were recovered through a
Freedom of Information Act request filed in June 2006. The claims and
related materials highlight the cost of government efforts to suppress
information, through policies including:

*  Banning photographers on U.S. military bases from covering the
arrival of caskets containing the remains of U.S. soldiers
killed overseas;

*  Paying Iraqi journalists to write positive accounts of the U.S.
war effort;

*  Inviting U.S. journalists to "embed" with military
units but requiring them to submit their stories to the military
for pre-publication review;

*  Erasing journalists' footage of civilian deaths in
Afghanistan, and

*  Refusing to disclose statistics on civilian casualties.

In Afghanistan in March 2002, then-head of U.S. Central Command
General Tommy Franks said "You know we don't do body counts."
Then-Secretary of Defense Donald Rumsfeld said in November 2003,
"We don't do body counts on other people."

The ACLU released a total of 496 files: 479 from Iraq and 17 from
Afghanistan. Of those claims, 198 were denied based on an exemption
for combat situations. The documents released by the ACLU are
available online in a searchable database at:
http://action.aclu.org/site/R?i=maymBGvwkt0BpEefprE1gA.. .

In one file, a civilian from the Salad Ad Din province in eastern Iraq
states that U.S. forces opened fire with over one hundred rounds on
his sleeping family, killing his mother, father and brother.

"Although these files are deeply disturbing to read, they allow
us to understand the human cost of war in a way that the usual
statistics and platitudes do not" said Jameel Jaffer, Deputy Director
of the ACLU's National Security Program.

In a separate effort, the ACLU filed a FOIA request in October 2003
for records concerning the abuse of prisoners held by U.S. forces in
Iraq, Afghanistan and Guantánamo Bay. That request has resulted in the
release of more than 100,000 pages, all of which are available online
at:
http://action.aclu.org/site/R?i=PrbxOaCS-1ujg1kf4yeNaw.. .


*********************************
THE REAL FACE OF REAL ID

If your local DMV already feels like a bureaucratic nightmare, hang
on, because it may be getting worse. If the government's new
Real ID rules come to your state, you can count on longer lines, worse
services, bureaucratic snarls and higher fees. And a national ID card
that will invade our privacy.

Get a firsthand look at all this in a special Freedom Files video
short. The piece features Bill Cattorini, a retired Chicago fireman
who has been caught in a bureaucratic limbo due to a discrepancy
between his birth date as listed on his driver's license and the
date on his social security card. That was never an issue until
Illinois began trying to comply with some parts of Real ID. Now
Cattorini can't drive.

A battle over Real ID is now raging in state legislatures across the
nation, with a growing number of states rebelling against this
expensive (and unfunded) scheme. Already Maine and Idaho have declared
that they won't comply, and many other states are quickly moving toward
similar actions.

 >> VIDEO: A new Freedom Files video short explains the problems with 
the Real
ID Act through the problems experienced by one Chicago man.
http://action.aclu.org/site/R?i=YPAe9KL16FMeU1XsC1ZH4w..

 >>MAP:
A map showing the status of anti-Real ID legislation in each state is
online at:
http://action.aclu.org/site/R?i=ajd6dZkCFgEuCK0TSxdipA..

 >>TAKE ACTION

Find out what action you can take in your state at:
http://action.aclu.org/site/R?i=uRe0ThZbS7pCoUO1GlJHAg..

*********************************
AS UN-AMERICAN MILITARY COMMISSIONS RESUME, ACLU MONITORS AT
GUANTANAMO BAY

As the Guantánamo Bay military commission proceedings commenced under new,
flawed rules, the ACLU reiterated the call to close Gitmo and return to a
legal system in line with the Constitution and the right
to due process.

The ACLU is one of four organizations that have been granted status as
human rights observers at the military commission proceedings.

After two Supreme Court decisions rejected the Bush administration's
detention policies at the facility, the legal status of the detainees
there remains unresolved.

Already, several measures have been introduced in Congress to fix the
Military Commissions Act. The ACLU is urging Congress to enact both
measures. The "Habeas Corpus Restoration Act of 2007" (H.R.1416/S.185)
would restore habeas corpus for those detained by the American government.
The "Restoring the Constitution Act of 2007" (H.R. 1415/S.576) would also
reinstate habeas rights and clarify the definition of "enemy combatants."
Additionally, it would block the federal government from making up its
own rules on torture and abuse.

Ask your Members of Congress to support these bills:
http://action.aclu.org/site/R?i=kHqh6IuFKJv8XxnUTxedzQ..

The ACLU has also continued to hold government leadership accountable by
litigating a Freedom of Information Act request for documents concerning
the treatment of prisoners held in U.S. custody. So far, more than 100,000
pages of government documents detailing the torture and abuse of detainees
have been released.
http://action.aclu.org/site/R?i=PqMrYOnLRL91uFO2FYz6eg..

 >>BLOG
Staff Attorney Ben Wizner was in Guantánamo Bay witnessing the first
proceedings of the new flawed military commissions. The ACLU continues
to call for the closure of the facility and the restoration of due
process:
http://action.aclu.org/site/R?i=2QgkY0urpBFa_4elu-UkfQ..
*********************************
AFTER STUNNING INTERNAL REPORT, CONGRESS MOVES TO ACT ON FBI PATRIOT
ABUSES

Since the Justice Department revealed serious FBI abuses of the Patriot 
Act's
"National Security Letter" (NSL) provisions, momentum has been building in
Congress for real oversight and a full overhaul of the NSL rules.

Congresswoman Jane Harman of California, Chair of the Homeland Security
Subcommittee on Intelligence, has introduced legislation to rein in the
National Security Letter authority expanded by the Patriot Act. Her move
follows a House Permanent Select Committee on Intelligence hearing where
members grilled government witnesses on the recent revelations
that the FBI abused the NSL authority. Many members of the Intelligence
hearing, Democratic  and Republican alike, believe the law regarding NSLs
should be changed.

The Patriot Act includes dangerous expansions to the government's "National
Security Letter" authority, which allows the FBI to demand records without
prior court approval. Anyone who receives an NSL is forbidden, or "gagged,"
from telling anyone about the record demand. Since the Patriot Act was
authorized in 2001, there has been an astronomical increase in NSL demands.
While reports previously indicated a hundred-fold increase to 30,000 NSLs
issued annually, an extraordinary March 2007 report from the Justice
Department's own Inspector General puts the actual number at over 143,000
NSLs issued between 2003 and 2005. The same investigation also found 
serious
FBI abuses of regulations and numerous potential violations of the law.

Harman's legislation would require a Foreign Intelligence Surveillance 
Court
Judge or designated United States Magistrate Judge to approve the 
issuance of
an NSL. It would also require the attorney general to submit semiannual 
reports
on NSLs to Congress.

"The IG's findings are clear evidence that the FBI's leadership turned a 
blind eye to a
pattern of willful indifference to the law and Congress needs to put 
proper checks and
balances into the vast NSL power, said Timothy D. Sparapani, an ACLU 
Legislative Counsel.
"The Constitution and our laws are not merely advisory, but this 
administration has
treated them as such."

 >>Read more about NSLs and take action
http://action.aclu.org/site/R?i=hWWU74e0gWWieMUatvBKAQ..

*********************************
FCC PROPOSAL ATTACKS FREE SPEECH

According to press reports, the FCC will soon recommend that
television violence be regulated the same way indecency is regulated,
meaning no violent content could air between 6 a.m. and 10 p.m. on
broadcast channels. There is even some discussion of expanding the
prohibitions to cable and satellite channels. If Congress acts upon
the FCC recommendations, it would be a full frontal attack on the
First Amendment.

The FCC's effort to lay the groundwork for regulation of
television violence could violate every American's right to free
speech.

These recommendations are a naked political ploy. How would violence
be counted--in drops of blood? Would the producers of a show like 24
be forced to change the show's subject matter? Would Saving
Private Ryan be relegated to the wee hours of the morning because of
its depiction of the brutality of war? The ACLU thinks that government
should allow parents to make decisions about what is best for their
families to watch.

Parents already have the tools to help them monitor and control what
their children watch on television. Parents can block channels or
programs, use the V-chip, record and review appropriate programs, or
just turn off the television. Additionally, there are several web sites
that rate television programming to help parents evaluate appropriate
programs for their children.

Oppose the Federal Communications Commission's proposal to regulate 
violence
on television. Take action now:
http://action.aclu.org/site/R?i=JiKRmY9yDGvqOa9aQa3eyw..

*********************************
THE THIRD ANNUAL STAND UP FOR FREEDOM CONTEST

If you're between the ages of 17 and 29, we want you to produce
a video PSA or a podcast about how the government is abusing its
power. Make it funny, slam it, turn it into a documentary--this
is your chance to make some noise about the news that bugs you.
StandUp. Get creative.
http://action.aclu.org/site/R?i=N2xPOniyViiP6DprDyL2zQ..

StandUp Comics: A Legal Guide to the War on Terror

In the latest installment of StandUp comics, Matt Bors illustrates the
new rules on policing terror and Geneva-free destinations. Read it.
E-mail it to friends. Print it out. Post it everywhere.
http://action.aclu.org/site/R?i=e9_74TJKmCzCkfD2A_4kBg..

*********************************
IN THE STATES:

* Florida Clemency Reform Not All It's Cracked Up to Be

New rules passed last week by Florida's Board of Executive Clemency and 
Governor
Charlie Crist fall far short of fixing Florida's civil and voting rights 
crisis.

The rules are crucially ambiguous especially as to whether individuals
released years and decades ago still face the burden of collecting their 
records and
applying for the restoration of civil and voting rights. The ACLU called 
for a
paperless and immediate automatic restoration process for all 
ex-offenders who have
completed the non-monetary terms of their sentence.

"There are hundreds of thousands of people in Florida - more than any 
other state -
who have had their fundamental civil or voting rights taken away by the 
state based
on a Civil War Reconstruction-era scheme to deprive as many people as 
possible of
their right to vote," said Howard Simon, Executive Director of the ACLU 
of Florida.

The vast majority of ex-offenders are the nearly one million citizens
who have already been released, completed their sentences and are
working to support their families in Florida. These disenfranchised
citizens receive fewer reprieves under the new rules. An executive
order issued by the governor with the support of at least two cabinet
members could immediately and automatically restore rights to these
citizens.

Many people are unable to work because there are dozens of state-issued 
occupational
licenses, such as nursing, that cannot be obtained until a person's 
rights have been
restored.

Reaching this large population and educating them on the new rules
will be a daunting task. A system that would proactively benefit the
majority of the disenfranchised should be automatic, immediate and
paperless, said the ACLU, not require a tedious, bureaucratic
paperwork process and waiting period to receive a certificate of
restoration.

* Over City's Protests, Judge Allows NYCLU to Release Documents on
Spying During RNC

The NYCLU recently made public reams of documents and dozens of hours
of video about the New York Police Department's policing of the
2004 Republican National Convention. The release follows a February
federal judge's ruling that New York City could not stop the
NYCLU from sharing the documents with the public.

"The public has a right to see these documents," said NYCLU Executive
Director Donna Lieberman. "The court recognized that democracy dies
behind closed doors, and we carry out that court's mandate to keep it
alive."

The judge's ruling came in connection with the NYCLU's two post-RNC
lawsuits challenging mass arrests and detentions during the 2004
Republican National Convention. The documents and videos were obtained
by the NYCLU in pre-trial discovery.

New York City said the documents in question were secret and could not
be shared; the NYCLU countered that there was nothing sensitive about
the documents and that they should be part of the public record. The
judge, James C. Francis IV, ruled on the side of the NYCLU. The city
did not appeal.

The documents illuminate how the 2004 Republican National Convention
was policed. Highlights include:

The Pier 57 NYPD Officer Medical Reports, filed with the NYPD's own
medical division by 40 of the NYPD's own officers. NYPD complainants
report that they were exposed to various harmful substances while
assigned to Pier 57 during the convention. The reports indicate that
protesters' concerns about conditions of detention at Pier 57 were
shared by the officers assigned to the area.

The RNC No-Summons Memo of May 4, 2004, which announces that NYPD
officers would not give summonses to protesters during the convention,
instead arresting and fingerprinting them. This policy caused lengthy
detentions of demonstrators; without it, 1,500 of the 1,800 arrestees
would have been eligible for summons and quick release.

The RNC Arrest-to-Arraignment Charts, which show that RNC arrestees
were arraigned much more slowly than non-RNC arrestees during the week
of the convention.

The documents are available on the NYCLU's website at:
http://action.aclu.org/site/R?i=z0zwSCRZ60kj8FNO1ynwVA..

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