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Title: THE FEDERALIST








07 November 2003
Federalist No. 03-45
Friday Digest

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THE FOUNDATION

"And can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God? That they are not to be violated but with his wrath? Indeed I tremble for my country when I reflect that God is just: that his justice cannot sleep for ever." --Thomas Jefferson


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FEDERALIST PERSPECTIVE

Top of the fold...

President George W. Bush signed an $87.5 billion supplemental spending bill for troop support and infrastructure reconstruction in Iraq and Afghanistan yesterday, and not a moment too soon. This week proved one of the costliest since Operation Iraqi Freedom began. There have been 27 American service personnel killed in Iraq in recent days, including the deadliest single strike against American forces since the war began -- a Chinook helicopter shot down, killing 16 and wounding 20. Secretary of Defense Donald Rumsfeld said of the latest attack,  "It was a terrible day. In war, there are going to be terrible days, and unfortunately, it's necessary to work our way through these things. Ultimately, we're going to prevail."

Indeed, President Bush has said all along that our war with Jihadistan would be long and difficult. Fortunately, thanks to the blood, sweat and tears of many of our service personnel and their families, the warfront with Jihadistan remains in Iraq and has not returned to our shores since 9/11. Keeping it there is our primary strategic objective, though all the war's detractors seem intent on bringing it closer to home.

As for why the attacks on U.S. forces are on the increase -- as previously noted, the conflict is drawing out Jihadis in the region, who are joining forces with Saddam's Ba'athist loyalists under the doctrine that "the enemy of my enemy is my friend." As such, they have formed a unified front endeavoring to stop the Iraqi Governing Council from establishing a democratic foothold in a Muslim nation. Most of the Jihadis are itinerant Islamist militants entering Iraq through Syria and Iran, while the conflict is also drawing Islamists from a few European nations, including Saddam's apologist ally, France, which hosts a large population of Muslims.

Syrian dictator Hafez al-Assad, who, like Saddam, fully expected the French and Germans to keep the U.S. out of Iraq, was stunned at how fast Saddam's regime fell. As a result, Hafez has suspended his nation's decades-old policy of suppressing Islamic militants in a gambit to stir up enough Jihadi support for Iraq to keep the U.S. out of Syria.

The Federalist estimates a U.S. invasion of Syria is highly probable. As we noted again last week, "There is a substantial body of intelligence supporting our report last year that Iraq shipped some or all of its biological and nuclear Weapons of Mass Destruction stores to Syria and Lebanon's heavily fortified Bekaa Valley." In addition to the Jihadi threat from Syria, discovery and eradication of Saddam's WMD remains a critical objective, though these weapons are not likely to move into al-Qa'ida hands under current conditions.

On the subject of WMD and Syria, we also noted last week that Lt. Gen. James Clapper, director of the National Imagery and Mapping Agency, estimated on the basis of evidence from surveillance satellites that there is "no question" that people and WMD materiel were moved by truck convoys into Syria.

As for why Saddam didn't use his WMD on invading allied troops: first, because it would have confirmed the stated rationale for the invasion (Saddam was a tyrant, not an idiot); second, because any order to use such weapons would have had to pass among several strata of his military hierarchy -- and his command and control disintegrated very quickly once the invasion began; third, because bio-weapons tend to be minimally effective in that type of environment; and fourth, perhaps most important, is the same reason that Osama bin Laden didn't use 767s against targets in the Iraqi desert -- because we "infidels" live here in the continental U.S. Thus, if Saddam's WMD emerge again, it will likely be much closer to home -- which is precisely why we endeavor to keep the warfront with Jihadistan on their turf.

As for all the Democrat presidential candidates ranting against the war and bleating about the lack of WMD, they can only hope to be somewhere other than the next urban center targeted by al-Qa'ida and supplied by Saddam. Perhaps it would be instructive for the Thundering Herd of Jackasses to review their own ilk's comments on Iraq's WMD: http://federalist.com/news/clintonistas.asp

Quote of the week...

"We're waging this war in relentless pursuit of the al-Qa'ida network. We're waging this war in Afghanistan against Taliban remnants and al-Qa'ida killers. We're waging this war in Iraq against Saddam loyalists and foreign terrorists who seek the return of tyranny and terror. We're pursuing long-term victory in this war by promoting democracy in the Middle East so that the nations of that region no longer breed hatred and terror. Today, the United States is making a critical financial commitment to this global strategy to defeat terror. We're supporting our servicemen and women in the field of battle. We're supporting reconstruction and the emergence of democratic institutions in a vital area of the world." --President George W. Bush, upon signing the $87.5-billion supplemental-spending bill for troop support and infrastructure reconstruction in Iraq and Afghanistan

Notably, President Bush added: "Sixty years of Western nations excusing and accommodating the lack of freedom in the Middle East did nothing to make us safe because in the long run stability cannot be purchased at the expense of liberty. ... The global wave of democracy has barely reached the Arab states. For too long, many people in that region have been victims and subjects. They deserve to be active citizens."

On cross-examination...

"Iraqis are grateful for the tremendous efforts and sacrifices the United States is making on our behalf. Yet, ultimately, only Iraqis themselves can restore security, rebuild national institutions, enact a constitution and elect a democratic government. America must not rebuff Iraqis who are eager to have a stake in this intimate national process. Like any free people, we want to ensure that we are in control of our own destiny." --Iyad Alawi, president of the Iraqi Governing Council for the month of October.

Open query...

"Under John Kerry's 'plan,' Saddam would still be in power, the French would still be selling him the 68mm missiles used in the attack on Paul Wolfowitz's Baghdad hotel last week, and there would still be Iraqis being fed feet-first into the industrial shredders. Or have I missed something?" --Mark Steyn

In other news...

Last week, Allen B. West, Lt. Col., U.S. Army, was indicted on criminal assault charges for the psychological intimidation tactic he used to acquire vital intelligence from a captured enemy combatant in Iraq. Col. West's interrogation -- which included, as a last resort, twice firing his sidearm away from the detainee -- obtained information of an imminent attack against soldiers under his command, undoubtedly saving an untold number of American lives. Apart from his prosecution, Col. West's so-called "criminal assault" produced other, more constructive results: "There were no further attacks from that town," notes the colonel. "We further apprehended two other conspirators (a third fled town) and found out one of the conspirators was the father of a man we had detained for his Saddam Fedayeen affiliation."

He now faces an Article 32 hearing scheduled for November 10 in Kirkuk, which could result in his court-martial. The 4th Infantry's divisional judge advocate initially offered West the option to resign his commission and forfeit his retirement benefits (one week short of his 20-year retirement eligibility) or face a general court-martial and a sentence of eight years in prison. (Gee, thanks, Your Honor.)

Article 128 of the Uniform Code of Military Justice describes criminal assault in these terms: "Any person subject to this chapter who attempts or offers with unlawful force or violence to do bodily harm to another person, whether or not the attempt or offer is consummated, is guilty of assault and shall be punished as a court-martial may direct." The Army's judge advocate interprets West's actions to be in violation of this restriction. This may be correct, but in both civilian and military courts, decisions are frequently made to decline prosecution based on extenuating circumstances -- and this, clearly, should be one of those cases.

In his only statement since the incident, Col. West asks, "[The enemy detainee] and his accomplices were a threat to our soldiers and the method was not right, but why should I lose 20 years of service or be forced into prison for protecting my men?"

The Federalist asks the same question and calls on fellow Patriots to come to the aid of Col. West and all officers on the front line in our nation's ongoing war against Islamic terrorism and its state sponsors. How can we expect our frontline officers to fight wars the Bush administration calls "preemptive" if they are not given the latitude to respond -- preemptively -- to the asymmetric threats of terrorist aggressors? Would the deaths of American soldiers in the ambush Col. West thwarted at Saba al Boor have constituted a more acceptable result for the Army's judge advocate? While the military is successfully adapting its capabilities to meet the challenges of asymmetric, anti-terrorist warfare, a paradigm shift in how the military expects its officers to carry out such a war seems to be in order.

In the last two days, almost 70,000 Patriots have signed our petition to exonerate Col. West from this grossly misguided criminal prosecution. Please join us. Link to -- http://PatriotPetitions.US/colwest

(If you don't have Web access, please send a blank e-mail to: <[EMAIL PROTECTED]> Each e-mail sent to this address will be counted as one signature for the petition.)


News from the Swamp...

As promised, President Bush signed legislation banning partial birth abortions Wednesday, further pledging to continue his efforts to enlarge the "culture of life" in this country. In response, the ACLU and others, in their ongoing quest to trample the rights of all Americans, initiated lawsuits in U.S. district courts in Lincoln, Nebraska; San Francisco; and the Southern District of New York. By Thursday, stays had been issued in all three cases. In Nebraska, Judge Richard Kopf granted one of the stays, observing, "It seems to me the law is highly suspect, if not a per se violation of the constitution," adding that the congressional record of the legislative debate did not reflect "an objective presentation of the facts," and that the law has a "serious vagueness problem." Perhaps Mr. Kopf should bear witness to a partial-birth abortion in order to clear up that "serious vagueness problem."

The stays mean the legislation will be tested on Constitutional grounds, and Attorney General John Ashcroft has vowed to "devote all resources necessary” to defend the law.

On the Hill, the Senate passed its version of financial-privacy standards for the nation's citizens, overturning more stringent protections on personal information enacted by states, such as a recently passed California law that bars financial companies from information sharing without explicit customer approval. The bill, approved 95-2, makes permanent provisions of the Fair Credit Reporting Act that were set to expire at year's end, including a ban on states' writing greater legal protections on financial privacy. But under any fair reading of constitutional federalism, states must surely retain the power to restrict intrastate data transfers to protect citizen privacy. After all, isn't information about a state resident considered "resident" within that state, rather than a possession of a national corporate entity?


From the "Department of Military Readiness"...

Plans are in the works for reducing the overall U.S. force presence in Iraq by the spring -- and this will be accomplished in part by deploying around 20,000 active duty Marines for long-term tours on that battlefront in the war with Jihadistan. In addition, about 43,000 Reserve and National Guard service-members have received notice of a possible year-long tour in Iraq or Kuwait.

There are new concerns for tank crews in Iraq. Recently, an M1A1 Abrams on routine patrol in Baghdad had an unknown yellow molten projectile penetrate its considerable armor, crippling the 69-ton tank. The projectile entered through the vehicle's skirt and drilled a quarter-inch hole through the hull into the crew compartment, where it lodged in a hole 2 inches deep in the armor across from its entry point. Fortunately, the heretofore unknown projectile, most likely fired from an RPG, caused only minor injuries to the Abrams's four-man crew, members of the 2nd Battalion, 70th Armor Regiment, 1st Armor Division. We suspect this new weapon projectile was likely Russian or French.

Speaking of France, not only were they supplying Iraq with weapons after the UN embargo (weapons used against U.S. and allied forces in Operation Iraqi Freedom), but they continue to refuse any substantive support for Iraq's reconstruction. Of course, according to the U.S. Treasury Department, the French still have an outstanding debt from their liberation in WW II. (That's right, folks -- in addition to the priceless debt eternally owed for the tens of thousands of American lives lost liberating France, the Vichy government still owes an estimated $11.8 billion in principal and accrued interest on WW II reconstruction debt.)


Judicial Benchmarks...

From the Supremes, the Constitution, particularly the First and Tenth Amendments, suffered additional indignity Monday as the High Court refused to hear Alabama Supreme Court Justice Roy Moore's second appeal over the removal of a Ten Commandments monument from the rotunda of the state's judicial building. The federal district court ruled that the monument had to go on the grounds of the First Amendment's separation clause; Moore responded, correctly, that such lower federal courts do not have jurisdiction over a state judiciary on matters internal to the state. The high court offered no comment on its refusal, leaving the erroneous interpretation of the Constitution's intended relationship between church and state intact. Justice Moore, now suspended for his original defiance of the court order, goes before the Alabama Court of the Judiciary on November 12 to answer charges of ethical violations of office.

From the "Files of Justice Avoided," in a Seattle court, Green River killer Gary Ridgway pleaded "guilty" 48 times Wednesday, after cutting a deal sparing him from death row. In a courtroom packed with weeping relatives of his victims, Ridgway declared, "I killed the 48 women. In most cases, when I murdered these women I did not know their names. Most of the time I killed them the first time I met them, and I did not have a good memory for their faces. I killed so many women, I have a hard time keeping them straight." Ridgway, it should be noted, will now spend the rest of his natural life being fed, housed and entertained at your expense. Unless, of course, a fellow felon sees fit to “Dahmer” him.

From the "Court Jesters" File, Colorado mother Cheryl Clark is appealing a child-custody decision in which Denver County Circuit Judge John Coughlin barred her from teaching her adopted daughter Emma that homosexuality is wrong. Ms. Clark, who recently became a Christian, ended her lesbian relationship with Ms. Elsey McLeod. Despite this, Judge Coughlin awarded McLeod, who had no legal relationship with the child, joint custody and ordered Clark to "make sure that there is nothing in the religious upbringing or teaching that the minor child is exposed to that can be considered homophobic."


Regarding the redistribution of your income...

A few weeks ago, The Federalist noted that the U.S. Treasury is spending millions of dollars promoting the "new look" of its $20 bills. "Why," we asked. But not to be outdone by Treasury, the Centers for Medicare and Medicaid Services have contracted the services of a blimp to promote the bankrupt Medicare system at sporting events -- for $600,000. Worse yet, this is merely part of a $30 million ad campaign. Again we ask, "Why?"


From the "Regulatory Commissars" File...

Amid the California flames, two weeks ago the Russian government offered the U.S. a pair of its Ilyushin-76 "Waterbombers" capable of releasing more than 11,000 gallons of water in a single dump. In doing so, the Russians asked only that the cost of fuel for the plane and food and lodging for the crew be reimbursed. But officials in the U.S. Forest Service have refused the aircraft.

The formerly Golden State, now severely singed, has, fortunately, had a reprieve from the fires, as gentle rains and cooler temperatures are helping douse the flames. President Bush toured hard-hit areas of San Diego County on Tuesday, saying, "Now, I want to know whether or not the help that is available is being expedited and made available." If the President reads the preceding paragraph, he’ll have his answer.


The BIG lie...

How was the Cold War won, and who restored America's place as an economic and political superpower at the end of the last century? If you don't already know the answer, you certainly would not find out if CBS had followed through with plans to air the hatchet piece miniseries "The Reagans." The facts notwithstanding, the true legacy of Ronald Reagan as the greatest 20th-century leader of the free world would have once again been despicably sullied in this latest Leftmedia adulteration of history.

SeeBS, however, pulled the plug on its plan to air the four-hour miniseries scheduled for 16-17 November, after corporate president Les Moonves realized that fundamental human decency requires a president to be deceased before his presidential record can be re-written. We suspect, too, that the sponsor for this show slot, Hallmark, realized it needed to pull support for the show if it wanted to stay in business. The revisionist propaganda will thus air on Showtime, a cable service owned by Viacom, the parent company of CBS. CBS is available in 100 million homes, while Showtime is seen in 28 million, prompting RNC chairman Ed Gillespie to complain, "Misleading a smaller audience of viewers is not a noble response to the legitimate concerns raised about this program."

The part of Ronald Reagan is "played" by James Brolin, husband of Clintonista Barbra Streisand. Babs, predictably, is furious about the cancellation: "The Republicans, who deify President Reagan, cannot stand the fact that some of the more unpleasant truths about his character and presidency might be depicted in the movie. ... This was an organized Republican spin machine at work. I don't believe Democrats often, if ever, try to muscle the First Amendment like this."
Memo to Babs: The Left has "muscled the First Amendment" with such vigor as to read into it such things as "separation of church and state" and "pornography is free speech."


On the Left...

Sen. John Rockefeller, senior Demo on the Senate Intelligence Committee, gave the nation a clear indication of how the political Left, ever betraying itself and our country, does business. This week, a dastardly Demo Intelligence aide's memo made it into the public's eye -- a memo that outlines a strategy for undermining the intelligence committee's 9/11 security and intelligence inquiry for political gain in the 2004 presidential election. The memo suggests that minority members "pull the majority along as far as we can," exploiting the bipartisanship of the committee chairman, Republican Sen. Pat Roberts. And when that strategy has exhausted itself, the minority should call for the formation of an independent commission in order to "castigate" the work of majority Republicans. The memo calls for "pulling the trigger" on the ploy "probably next year," to maximize embarrassment for President Bush during the election season.

Sen. Zell Miller, fresh from a series of unbridled criticisms of his party in a new book, said of the memo, "If this is not treasonous, it's the first cousin of treason. This is one of those committees that you should never, ever have anything politicized because you're dealing with the lives of our soldiers and our citizens. Heads ought to roll." Beginning with Rockefeller's. Senate Republicans are threatening removal of Democrats' power-sharing privileges if the wicked strategy is not promptly and publicly disavowed.

To read the full text of the memo, link to -- http://Federalist.com/news/demo_memo.asp


From the "Non Compos Mentis" Files...

This week's "Braying Jackass" award: Howard Dean announced that he wants "to be the candidate for guys with Confederate flags in their pickup trucks." Or does he? No sooner had he attempted to reach for votes in the Deep South than he apologized, saying, "I deeply regret the pain that I may have caused. [The Confederate flag] is a painful symbol and reminder of racial injustice and slavery." He said he would lead the nation in a "difficult and painful discussion" about race. By day's end, in New Hampshire, he added that he also "apologized for any people in the South who thought they were being stereotyped."

"I tend to be reflective rather later than sooner," Dean added. "Now, unfortunately, we all know that nobody's personality is perfect. So the things that make me a strong candidate are also my Achilles heel." And this from the same man who only a couple of weeks ago boasted, "I'm insufferably right. The motto of my campaign is: 'I told you so'." Let's hope this is Howard's End.


Around the nation...

From the states, a few Republican political commentators are burbling on with glee about a possible "realignment" after Ernie Fletcher won Kentucky's gubernatorial seat, and Haley Barbour took the Mississippi governor's mansion. But not so fast, as we have a cautionary question. "Realignment" has two senses -- the first is the (laudable) trend in which voters realize their political interests are better represented by a different party from the one that has their current allegiance; the other has to do with a political party "moving the lines" of its political platforms. Is the Republican Party actually persuading growing numbers of Southerners it reflects their interests, or is it really moving its political perimeters Leftward to capture votes? We suspect some combination of both accounts for this week's electoral results.

In business/economic news, this week's reports brought good news from every corner. Construction spending for September climbed 1.3% -- a full point above analysts' predictions, while estimates for August were revised upward by 0.5%. Included in this number, private residential construction spending jumped another 1.4% to $465 billion, the highest figure on record. October's manufacturing output, meanwhile, boasted the highest level in more than three and a half years, and spurred jumps in this week's markets, sending the Dow Jones Industrial Average and S&P 500 to new 17-month highs. Tracking with these economic gains, the unemployment number also improved -- dropping to six percent.

In faith matters, the Episcopal Church became the first Christian denomination to elevate a homosexual to national stature, consecrating Vicky Gene Robinson on Sunday as bishop of New Hampshire. Robinson told those present for his consecration, including U.S. Presiding Bishop Frank Griswold and 55 other bishops who surrounded him for the laying on of hands, "You cannot imagine what an honor it is for you to have called me."

The action immediately prompted half of the World Anglican Communion's 38 archbishops, representing 75 million communicants, to condemn the U.S. church. As for how the world church now views the American church's heretical actions, the Most Rev. Peter Akinola, who represents bishops in Asia, Africa and South America, called their relationship with ECUSA an "impaired communion," noting that "authorities within [ECUSA] consider that their cultural-based agenda is of far greater importance than obedience to the word of God. Such a church is bound to become a shrine for the worship of men rather than God."

In summary, Episcopal pundit Robert Henry notes, "The Episcopal Church is now asking its members to embrace what the Catholic Church is paying its members to forget."

For our new subscribers, you can read an updated essay summarizing the decline of this great denomination at -- http://federalist.com/papers/03-32_paper.asp


Around the world...

Some updates from the other two arms of the "Axis of Evil": That nuclear reactor project – the one that would reward North Korea for abandoning its nuclear weapons development? It’s off. The agreement, negotiated by the Clinton administration, was honored by the Pyongyang Reds for ... how long? A nanosecond, perhaps? This week, Team Bush players convinced allies to put the multibillion dollar energy program on hold.

Elsewhere on the Axis, the Iranian mullahs are not eager to grant International Atomic Energy Agency investigators unfettered access to poke around and verify the purported peaceful uses of Iran's nuclear plants. And U.S. Energy Secretary Spencer Abraham addressed the UN Wednesday, remarking that the North Korean regime abused the Nuclear Nonproliferation Treaty by redirecting technical assistance "as a cover to build up a nuclear weapons capability" -- and warning that other nations could go and do likewise. Hmm, guess who he’s talking about!


And last...

Poor John "Big Ketchup" Kerry. He has built his campaign on opposition to the war in Iraq, though he voted to authorize it, and he just can't twist logic enough to escape the hypocrisy. The bouffant-coiffured Kerry casts himself as an expert on war, never leaving a microphone without mentioning he spent some time hunting in Vietnam. That mantra came back to bite him this week when he noted, "I've been a hunter all my life. But I make a point of eating what I kill." (Thanks to the Wall Street Journal's James Taranto for that quote!)

Lex et Libertas -- Semper Vigilo, Paratus, et Fidelis! Mark Alexander, Publisher, for the editors and staff. (Please pray on this day, and every day, for our Patriot Armed Forces standing in harm's way around the world in defense of our liberty, and for the families awaiting their safe return.)

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