Spy vs. Lie: S. 2324 and the DoJ Inspector General's Report

While reading through the accounts of the FBI’s objections to so-called ‘enhanced interrogations’ (a.k.a. Torture) and the reports that the agency was concerned about participating in “joint interrogations of detainees with other agencies in which techniques not allowed by the FBI were used,” [TPMM-AP] pause for a moment and go back to a vote taken in the U.S. Senate on April 23, 2008.

“The Senate on April 23 approved, by unanimous consent, S. 2324, the Inspector General Reform Act of 2008. But the bill passed only after the lawmakers agreed to an amendment by Senator Jon Kyl, R-Ariz., which, among other items, deleted a provision giving the Justice Department's Office of Inspector General (OIG) jurisdiction to investigate misconduct allegations against department attorneys, including its most senior officials.” [NatlJrnl via TPMM] (emphasis added) Therefore, while Congress attempts to sort out who authorized the Bush Administration’s warrantless domestic wiretapping program, and perhaps who might have impeded investigations into the use of torture on detainees in U.S. custody, the Department of Justice’s Inspector General held he was prevented by statute from reviewing these matters. S. 2324 passed with “unanimous consent,” meaning no record was kept of each Senator’s position on the prevention of the DoJ’s Inspector General from investigating the investigators. The Kyl Amendment (CngRcrd-pdf/S3323) was also approved by unanimous consent. [CngRcrd-pdf/3328] S. 2324 is currently “held at the chief clerk’s desk” in the House. To make a long story short, it appears the only way to convince the White House not to veto the Inspector General Reform Act of 2008, was to insert Kyl’s amendment.

Whether the amendment will be a source of contention during deliberations in the House of Representatives remains to be seen, as will whether there will be conflict over a subsequent conference report. Items that Senate Democrats wanted to maintain in the bill (a shield for inspectors general from administration political pressure, and making audits and reports more accessible to the public) may have been protected by adopting the Kyl Amendment. However, there are significant differences between the Senate and House versions. The House version sets appointments at 7 year terms with removal only for cause, and would require independent watchdog bureaus to submit their budgets directly to Congress as well as the White House. The President promptly asserted that this provision would “encroach on the president’s constitutional authority.” [FAC]

So, tomorrow the Inspector General’s report will be released, [AP] [Reuters] and after the corporate press digests the material Matt Lauer may discover that more than just those in the “Far Left” are going to be concerned about the Bush Administration’s propensity to trample on American civil rights and liberties. One thing is certain – the debate over appropriate legislation, and the role of the current Administration in the perpetuation of injustices and the violation of civil liberties, may only be beginning.

The U.S., the U.A.E, and the defense of small children: Department of Justice may intervene to stop child jockey case

The Motley-Rice lawsuit contending that the UAE used, and abused, child jockeys was mentioned in the previous post, but deserves more elaboration -- much more. The lawsuit over the Dubai use of thousands of children as camel jockeys alleges that the children, some as young as two, were virtually enslaved by the United Arab Emirates. "The lawsuit, filed in a federal court in Miami by parents of child jockeys, alleges Sheikh Mohammad bin Rashed al-Maktoum and others kidnapped and enslaved children. In the nine-count complaint, the unnamed plaintiffs allege the defendants "perpetrated one of the greatest humanitarian crimes of the last 50 years." [AJnet] The UAE didn't ban the use of child jockeys until 2005.

Lawyers for the Dubai government seek to dismiss the suit because "..."We don't believe US courts have any role to play in a case that already is being solved through diplomatic means and involves no US defendants or actions..." [Zawya] However, the lawyers for the Dubai rulers are also looking for sympathetic assistance from another corner: "Not leaving anything to chance, Sheikh Mohammad bin Rashed al-Maktoum, architect of Dubai's boom, has even sought US President George W. Bush's help in having the suit dismissed." [Zawya] President Bush was contacted last February for his assistance, then "...According to court documents, US Secretary of State Condoleezza Rice wrote to her UAE counterpart in December saying the administration was "carefully" considering the request for dismissal "and will take appropriate action." [Zawya] Was the Administration also carefully considering the efforts of the UAE lobbying and legal teams?

Last April, the Dubai sheikhs hired lobbyists and PR firms in the wake of the enslavement allegations. Sitrick and Company was hired to provide "public relations advice and services," and DLA Piper, a major multi-national law firm and its subcontractors, to handle the litigation. Most of the lobbying work is being done by Johnson, Madigan, Peck, Boland & Stewart, Inc. [The Hill]

While protesting that they have replaced the children with robotic camel drivers, and banned the practice of using child jockeys, the UAE also agreed to pay out about $9 million dollars for former riders, part of a joint program with UNICEF. 1,077 former jockeys from Pakistan, Bangladesh, Sudan, and Mauritania have been repatriated to their countries. [BBC] [DS.com] The Dubai attorneys are arguing that because of the ban, the payments, and the repatriations, they are no longer liable for their actions. [The Hill]

The Bush Administration, which was only too happy to approve the Dubai Ports World deal, appears poised to come to the rescue of the UAE rulers once again. The Hill reports: "Leaders of the United Arab Emirates (U.A.E.) may soon see a major lawsuit against them dismissed, thanks to the U.S. government. Last Thursday, the Department of Justice (DoJ) filed a notice in U.S. District Court in Miami of its “potential participation” in the lawsuit, which alleges that Sheikh Mohammed bin Rashid Al Maktoum, U.A.E.’s prime minister and vice president, and his brother, Hamdan, U.A.E.’s finance minister, enslaved boys as jockeys in camel races." [The Hill]

Is there no favor too large, no request too egregious, for the Bush Administration to meet on behalf of the UAE?